HomeMy WebLinkAboutAGENDA REPORT 1996 0821 CC REG ITEM 08AITCH
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AGENDA REPORT
CITY OF MOORPARK
TO: Honorable City Council
FROM: Nelson Miller, Director of Community Developmeilt-
Deborah S. Traffenstedt, Senior Planner �T-)6T'
DATE: August 16, 1996 (CC Meeting of 8- 21 -96)
SUBJECT: CONSIDER APPROVAL OF THE SPECIAL DEVICES, INC., (SDI)
PROJECT: GENERAL PLAN AMENDMENT NO. 95 -1, ZONE CHANGE NO.
95 -3, VESTING TENTATIVE TRACT MAP (VTTM) NO. 5004, AND
INDUSTRIAL PLANNED DEVELOPMENT (IPD) PERMIT NO. 95 -2
BACKGROUND AND DISCUSSION
The City Council held a public hearing for the SDI Project
entitlements on August 14, and directed staff to prepare a draft
resolution certifying the Final Environmental Impact Report (EIR)
and adopting a Mitigation Monitoring Program, Environmental Impact
Report (EIR) Findings, and Statement of Overriding Considerations
(Attachment 1); a draft resolution approving the requested General
Plan amendment, Vesting Tentative Map, and IPD Permit (Attachment
2); and a draft ordinance approving the requested zoning changes
(Attachment 3).
The City Council also directed staff to make minor corrections to
the conditions of approval, which have been incorporated into the
draft conditions attached to the resolution (Attachment 2). As a
result of continued discussions regarding the Development
Agreement, there have also been some requested modifications and
clarifications to conditions. These are shown with the use of
legislative format. Modifications and clarifications have been
suggested to Conditions 16, 19, 34, 82, 89.1, 102, 104, 105, 114,
and 135 of VTTM No. 5004 and Conditions 28, 69, and 118 of IPD No.
95 -2. Corrections to conditions of approval, as shown in the
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Special Devices, Inc.
To: Honorable City Council
August 16, 1996
Page 2
August 14 staff report, have been incorporated into the draft
conditions attached to the attached resolution, without the use of
legislative format.
STAFF RECOMMENDATION
1. Adopt Resolution No. 96- 1 certifying the Final
Environmental Impact Report and approving the Mitigation
Monitoring Program, EIR Findings, Statement of Overriding
Considerations.
2. Adopt Resolution No. 96- , approving General Plan Amendment
No. 95 -1 Vesting Tentative Map No. 5004, and Industrial
Planned Development Permit No. 95 -2.
3. Introduce first reading of Ordinance No. , approving Zone
Change No. 95 -3, for the Special Devices, Inc., Project, and
waive full reading.
Attachments:
1. Draft Resolution No. 96
A. Mitigation Monitoring Program
B. EIR Findings
C. Statement of Overriding Considerations
2. Draft Resolution No. 96-
2. Exhibit Showing General Plan Land Use Designation
Revisions
B. Vesting Tentative Map No. 5004 Conditions of Approval
C. IPD Permit No. 95 -2 Conditions of Approval
3. Draft Ordinance No.
Exhibit Showing Zoning Map Revisions
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ATTACHMENT 1
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION
MONITORING PROGRAM, MAKING CERTAIN FINDINGS RELATED
TO THE SIGNIFICANT IMPACTS OF THE PROJECT, AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
FOR THE SPECIAL DEVICES, INC., PROJECT (GENERAL
PLAN AMENDMENT NO. 95 -1, ZONE CHANGE NO. 95 -3,
VESTING TENTATIVE MAP NO. 5004, INDUSTRIAL
PLANNED DEVELOPMENT PERMIT NO. 95 -2, AND
DEVELOPMENT AGREEMENT NO. 96 -1)
WHEREAS, at a duly noticed public hearing on August 14, 1996, and
a continued meeting on August 21, 1996, the City Council considered the
application filed by Special Devices, Inc., for General Plan Amendment
No. 95 -1, Zone Change No. 95 -3, Vesting Tentative Tract Map No. 5004, and
Industrial Planned Development (IPD) Permit No. 95 -2 for a 297.92 -acre
site located within the Moorpark Area of Interest in Ventura County and
the City of Moorpark, directly east of the State Route 23 and New Los
Angeles Avenue interchange, Assessor Parcel Numbers 500 - 350 -145 and 513-
050 -085; and
WHEREAS, the Final Environmental Impact Report (EIR) for the Special
Devices, Inc., Project (State Clearinghouse No. 95071057) provides an
environmental assessment of the proposed project in accordance with the
California Environmental Quality Act (CEQA), Division 13 of the Public
Resources Code of the State of California, and the State CEQA Guidelines;
and
WHEREAS, public notice of the availability and distribution of the
Draft EIR was provided in compliance with CEQA; and
WHEREAS, at a duly noticed public hearing on June 10, 1996, the
Planning Commission received public testimony regarding the adequacy of
the Draft EIR and closed the public hearing; and
WHEREAS, the City Council considered certification of the Final EIR
at its meeting on August 21, 1996, and reached its decision;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
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Resolution No. 96-
Page 2
SECTION 1. The City Council hereby finds that the Final EIR for the
Special Devices, Inc., Project reflects the independent judgment of the
City of Moorpark, as lead agency.
SECTION 2. The City Council hereby certifies that the Final EIR for
the Special Devices, Inc., Project has been completed in compliance with
CEQA (Division 13 of the Public Resources Code of the State of
California), CEQA Guidelines, and the City's CEQA Procedures.
SECTION 3. The City Council hereby finds that the requirement for
additional Lot D creates no new impacts and that subdivision of the
297.92 -acre project site into eight lots, consisting of Lots 1 through
4 and Lots A through D, is consistent with the analysis in the Draft EIR
and Final EIR; and
SECTION 4. The City Council hereby certifies that the Council has
received and considered the information contained in the Final EIR prior
to making any approval decision for the proposed Special Devices, Inc.,
Project and has found that the Final EIR adequately addresses the
environmental effects of the proposed project.
SECTION 5. The City Council hereby adopts a Mitigation Monitoring
Program (Attachment A), with modifications to the Mitigation Monitoring
Program, as reflected in the Conditions of Approval for Vesting Tentative
Map No. 5004 and Industrial Planned Development Permit No. 95 -2, which
shall supersede, expand, and enhance the language of the mitigation
measures; makes Environmental Impact Report Findings related to the
significant impacts of the Project (Attachment B) , and adopts a Statement
of Overriding Considerations (Attachment C).
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF AUGUST, 1996.
Mayor of the City of Moorpark
ATTEST:
Lillian E. Hare
City Clerk
Attachments:
A. Mitigation Monitoring Program
B. CEQA Environmental Impact Report Findings
C. CEQA Statement of Overriding Considerations
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Attachment A
MITIGATION MONITORING PROGRAM FOR
SPECIAL DEVICES, INC., PROJECT
The Mitigation Monitoring Program will be delivered under
segarate cover on Monday, August 19, 1996.
Attachment B
Resolution Number 96-
CALIFORNIA ENVIRONMENTAL QUALITY ACT
ENVIRONMENTAL IMPACT REPORT FINDINGS FOR
THE SPECIAL DEVICES, INC., PROJECT (GENERAL
PLAN NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING
TENTATIVE MAP NO. 5004, IPD PERMIT NO. 95 -2,
AND DEVELOPMENT AGREEMENT NO. 96 -1)
Legal Requirements
The California Environmental Quality Act (CEQA) Section 15091, which
requires the preparation of Findings Concerning the Mitigation of
Environmental Effects, states:
No public agency shall approve or carry out a project for
which an EIR has been completed which identifies one or more
significant environmental effects of the project unless the
public agency makes one or more written findings for each of
those significant effects, accompanied by a brief explanation
of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially
lessen the significant environmental effect as identified in
the Final EIR.
(2) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the
finding. Such changes have been adopted by such other agency or can
and should be adopted by such other agency.
(3) Specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives
identified in the Final EIR."
The CEQA Guidelines further direct that the Findings shall be supported
by substantial evidence in the record of the project.
The certified Final
identifies thirteen
must be prepared:
EIR on the Special Devices Incorporated Project
types of environmental effects for which Findings
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(1) land use and planning considerations and project consistency with
adopted environmental Goals, Plans and Policies;
(2) geologic effects and seismic hazards;
(3) air quality impacts on the local and regional airshed;
(4) changes to surface water quality and extraction of groundwater
supplies;
(5) impacts resulting from changes to drainage patterns and the
transport of sediment;
(6) effects on biological resources;
(7) noise impacts on City residents;
(8) fire hazards and fire suppression;
(9) effects on both local and regional traffic circulation;
(10) impacts on public services and private utilities;
(11) effects on aesthetics and visual resources; and
(12) impacts to cultural; and
(13) effects on paleontological resources.
If the decision of a public agency to approve a project allows the
occurrence of significant effects which are not at least substantially
mitigated, a Statement of Overriding Considerations must be prepared.
Such a Statement has been prepared for this project and is a attachment
to City Council Resolution No. 96-
Thresholds of significance useful for distinguishing between an
environmental effect that is adverse and can be mitigated or an effect
that is unavoidable are defined in CEQA Statutes, State Guidelines,
Appendices to State CEQA Guidelines, City Guidelines implementing CEQA,
and in County thresholds and standards related to regional environmental
effects (e.g., air quality, water quality).
Impacts for Which Findings are Required
Land use and Planning Considerations and Project Consistency with
Adopted Environmental Goals, Plans and Policies
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Anticipated Adverse Environmental Effects
Ten potentially significant land use issues were identified as having the
capacity of generating potentially significant environmental effects;
these potential impacts include: (1) modifications that needed to be made
to the Vesting Tentative Map that were required to provide for proper
slope maintenance; (2) additional landform modifications that may have
been required if on -site water storage was to be required; (3) changes
needed to be made in the access arrangements for Lots 1, 2, and 3, and
the design of the modifications to the State Route 23 /New Los Angeles
Avenue interchange were required; (4) the financial feasibility of the
proposed grading remediation program for Lots 3 and 4 needed to be
evaluated; (5) the Conservation Easement area needed to be defined with
certainty; (6) a Development Agreement was necessary for the project (for
exemption from the Hillside Grading Ordinance), and such an Agreement was
not in preparation at the time of Draft EIR circulation; (7) several
annexations were required to enable development of and service to the
project; (8) consultations were required with Trustee Agencies regarding
sensitive species and wetland intrusions; (9) design modifications were
required for the project to better conform with Hillside Management
objectives articulated in the City's Hillside Management Ordinance; and
(10) additional details were required to properly address Industrial
Planned Development requirements.
Findings
The City disclosed the potential for environmental effects concerning
these issues and required feasible and implementable mitigation measures
for each concern. In addition, the Final EIR included a revised project
design that incorporated feasible mitigation measures outlined in the EIR
and modifications recommended in the Alternatives Analysis in the Draft
EIR. Subsequently, the Project Description was formally amended and this
modified project was evaluated in the Final EIR; a final set of
Conditions of Approval were developed to mitigate any remaining impacts
not offset by project redesign. Applicable findings are that changes or
alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effects
as identified in the Final EIR (CEQA Section 15091 (a )(1)].
Rationale
The revised Project Description include all of the features recommended
in the Final EIR Alternatives Analysis which were necessary to improve
the land use compatibility of the project with surrounding properties and
to resolve outstanding concerns regarding infrastructure planning,
annexation, Trustee Agency consultation and related issues. These
changes included providing substantial open space dedications, arranging
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for water service through consultations with Waterworks District No. 1,
further field evaluation for rare and endangered plant and animal
species, provision of additional details regarding construction, the
creation of an open space buffer in the form of an easement area within
which development would be restricted or prohibited and land dedications
to the City. In addition, limitations were imposed on the alignment of
infrastructure extensions. Specific changes in the revised Project
included:
• The total number of lots was reduced from 10 to 8, primarily due
to consolidation of open space, and only three lots (1, 2, and
3) are to be developed with commercial and industrial uses.
• Undevelopable or conservation easement dedicated open space lots
were assigned an alphabetical designation to avoid any confusion
about the potential for buildout of commercial or industrial
facilities on these parcels.
• In response to concerns about the feasibility of developing
original Lot 4, Lots 3 and 4 were combined into a single Lot 3.
Stringent Conditions of Approval were developed for the Vesting
Tentative Map which require geotechnical testing and development
of safe, reliable primary and secondary access for the remainder
portion of Lot 3 for which no specific development proposal has
been conceived by the applicant.
• Former Lot 5 was redesignated as an unbuildable parcel and was
assigned the designation Lot A.
• Former Lot 6 is now proposed to be two lots - -Lot 4 and Lot D.
• Former Lot 7 was redesignated as an unbuildable parcel and was
assigned the designation Lot B.
• Former Lots 8 and 9 were combined and redesignated as an
unbuildable parcel and were assigned the designation Lot B.
• A portion of former Lot 10 is now designated as a private road
easement and the remainder has been incorporated into Lot 3.
• The private road ( "A" Street) was modified to provide four
travel lanes between the intersection with New Los Angeles
Avenue and the Lot 3 driveway.
• "A" Street now terminates approximately 1,000 feet east of the
driveway location for the Phase 1 portion of Lot 3.
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The proposed building elevations were revised to achieve greater
compliance with the Hillside Grading Ordinance requirements. Colors were
revised to emphasize blending the building massing with the surrounding
natural terrain. The roof line now includes more variation and is
slightly higher overall, with the highest point being 41 feet. A
terraced planter has been added along the north elevation. The proposed
beige and blue colors are intended to blend with the hillside and the
sky. The previously proposed white (building) and gold (door) colors
have been deleted.
The site plan was revised to show more clearly the parking area
dimensions, handicapped parking, type of parking and driveway area
surfacing, and bicycle parking and motorcycle parking locations. A wider
driveway has also been provided to allow two turn lanes in and out of the
facility which should improve peak hour circulation .
The consistency of the project with adopted environmental goals and
policies was evaluated in Chapter 5 of the Final EIR. With exceptions
related to air quality and impacts to biological and visual resources
which are referenced in the Statement of Overriding Considerations, the
amended project as described in the Addendum to the Final EIR and in
exhibits provided by the applicant resulted in the incorporation and
adoption of all required, feasible mitigation measures. With these
modifications, the project was found to be in conformance with the goals,
policies, and programs in the applicable Elements of the General Plan.
Geologic and Seismic Hazards
Anticipated Adverse Environmental Effects
According to the preliminary grading plans for the project, approximately
1,500,000 cubic yards of earth are to be graded to create building pads
and access roads. The proposed grading would be balanced on -site within
an initial major rough grading phase. Based on the preliminary
geotechnical report, cuts of up to 65 feet and fills up to about 120 feet
in depth would be created during site rough grading. Maximum cut and
fill slopes (lateral extent of slopes in plan view) would extend 400 to
500 feet in width and 500 to 900 feet in length, respectively. The
grading design has been conceived to minimize, to the extent feasible,
the adverse appearance of manufactured slopes by daylighting proposed
grades with contours of unmodified slopes. Based on the grading plans,
cut and fill slope gradients up to two horizontal and one vertical are
planned in most locations. Generally, ridges and hilltops are to be cut
and canyons filled in order to create relatively flat building sites and
access roads. Although this is generally compatible from a geotechnical
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standpoint, the proposed grading would substantially alter the existing
on -site topography and drainage patterns.
Project construction and grading activities would involve removal of
vegetative cover, excavation and cut and slopes, and operation of heavy
equipment. Significant impacts to soils include accelerated erosion and
downslope deposition and increased potential for surficial sliding and
slumping. Compaction of soils by heavy equipment may reduce the
infiltration capacity of soils. The reduced infiltration may deprive
soil and vegetation of water and may substantially increase runoff and
erosion, particularly into the Arroyo Simi drainage descending along the
northern perimeter of the project boundary. Sedimentation patterns into
the creek would likely be greatly altered by denuding of slopes and by
grading activities at the site.
Surficial landslides and slope failures are present in three locations
within the property in the vicinity of pad locations. The constraints
posed by these landslides have been taken into account in the design of
the project. Few landslides or unstable slopes exist within the
manufacturing facility building area proposed for Lot 3 or commercial
Lots 1 and 2; however, landslides are present within and surrounding Lot
3. In addition, liquefaction related slope failures are predicted for
the access road proposed to link the flag area of Lot 3 to the primary
development portion of Lot 3.
A substantial portion of the central, eastern, and southern perimeter of
the SDI property is characterized by unstable slopes and existing
landslides. The proposed distribution of manufacturing and commercial
uses within the project boundary would minimize the potential hazards of
major landslides to damage commercial buildings or generate injury
related to failure; landslide failures and slope stability issues
primarily concern the development of Lot 3. Minor landslides are
sufficiently small that it is feasible to mitigate potential impacts
using conventional grading operations (i.e. removal or support with an
earth buttress).
The susceptibility of a soil to liquefaction is dependent upon various
criteria including (1) a loose consistency, (2) the presence of ground
water, (3) grain size distribution, and (4) intensity of ground shaking.
Based on data contained in the geotechnical report for the project,
liquefaction impacts are predicted to be significant. A substantial
amount of older alluvium is present within the building area within both
Lots 2 and 3 and in the vicinity of the proposed access road across the
fill slope to be constructed on the northern perimeter of Lot 3. This
material is failure prone, must be removed and stabilized. Impacts
associated with liquefaction potential are anticipated to be significant.
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Ground shaking may also activate marginally stable landslides and
unstable slopes. Deep fill slopes constructed over older alluvium with
the capacity to liquefy are proposed in the northern portion of the
development, particularly adjacent to the potential access road that
would be required to link the flag area of Lot 3 with the primary
development area for that lot. Ground shaking from an earthquake could
cause surficial slumping or failure in this area with subsequent damage
to roads and parking lot areas. These potential liquefaction- induced
slope failure problems may result in future remedial costs to restore and
regrade some portions of the proposed access road and parking area on Lot
3. Further, since dual access has not been provided to the flag lot
portion of Lot 3, a liquefaction related slope failure could isolate the
building and its occupants during emergency or fire conditions. The
failure of this road could result in both structural damage and threats
to human safety that would result from slope failures along the fill
slope on the northern perimeter of Lot 3.
Colluvial deposits identified at the site are subject to creep, as are
some of the natural soils, which are also susceptible to soil slip /debris
flow. Most of these conditions can be mitigated by the geotechnical
planning in advance of grading; potentially unstable materials would need
to be removed. Only a few locations would be situated below natural
slopes with the potential for significant surface instability. Un-
cemented sands exposed in cut slopes would also be subject to surficial
deterioration.
There is some potential for significant damage to structures placed upon
insufficiently compacted soils during seismic events; in the case of the
SDI project, the access road connecting the two proposed development
areas of Lot 3 is situated in an area subject to subsidence, potential
impacts associated with this hazard were determined to be significant.
When lot specific and access road related structure geotechnical testing
is completed for this development, additional ground settlement tests
will be required and if such tests demonstrate any potential for
liquefaction or subsidence, the City Building and Safety Office will
require and enforce grading conditions to mitigate any potential impacts.
The City Engineer, however, may require additional testing prior to
certification of the Final EIR or approval of the Final Map. This issue
needs to be resolved prior to certification of the EIR.
Findings
The City disclosed the potential for adverse environmental and potential
property related effects resulting from the exploration of the geologic
suitability of the property for the uses proposed. Specific mitigation
measures were conceived to offset impacts related to (1) landslides and
slope stability, (2) seismic hazards related to fault rupture, (3)
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liquefaction potential, (4) the suitability of the project site for the
proposed use and the appropriateness of the site design and grading
concept. Furthermore, the Draft EIR included an alternatives analysis
that recommended project redesign to minimize geologic hazards. A
revised project design was conceived that incorporated most of the
required mitigation measures outlined in the Draft EIR. Subsequently,
the Project Description was formally amended and a Final EIR was prepared
describing this revised alternative; a final set of Conditions of
Approval were developed to mitigate any remaining impacts not offset by
project redesign. Therefore, not only has the project been redesigned
to avoid adverse effects, mitigation measures have also been required to
offset any residual effects related to incomplete mitigation or inability
to redesign the project completely to eliminate impacts. The applicable
finding is that changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the Final EIR (CEQA
Section 15091 (a)(1)].
Rationale
Feasible and implementable mitigation measures were developed for each
area of geologic concern. Project mitigation measures require
additional, detailed, site specific geotechnical investigation and
preparation of further geologic studies prior to recordation of the
Vesting Map. Mitigation measures also require remediation of unstable
slopes, removal and stabilization of landslides, and compliance with the
recommendations of soil and geologic studies. With the imposition of
these mitigation measures and taking into account the redesign of the
project to avoid or minimize environmental effects, changes or
alterations have been required and incorporated into the project that
have reduced potential geologic hazards to insignificance.
Air Quality
Anticipated Adverse Environmental Effects
The proposed project would result in both short -term construction impacts
during the project development phase and long -term impacts related to
increased vehicle trips associated with occupation and use of industrial
and commercial buildings. Short -term construction impacts would
primarily result from fugitive dust generated by the project grading
program to create the landscape improvements, building pads,
infrastructure improvements, and from exhaust emissions associated with
heavy -duty construction equipment. Cumulative long -term effects on the
regional air shed would result from both new building occupancy and use
of the proposed commercial center.
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Once completed, the proposed development would result in a long -term
source of air emissions. This would primarily be caused by an increase
in motor vehicle traffic, but would also include emissions from
stationary sources such as on -site natural gas combustion (heating,
etc.) , on site mixing and processing of raw materials (the burning of
waste water filters, and clean up paper), evaporates used in wet mixing
processes, and off -site electrical powerplants (electrical demand). The
California Air Resources Board (Air Quality Analysis Tools, 1989) Model
URBEMIS version 5 was used to calculate the vehicle emissions of the
proposed project. The URBEMIS 5 Model inputs correspond (with minor
adjustments) with the trip generation rates used for the traffic
analysis.
The primary additional vehicle trips associated with development of the
Special Devices Incorporated Regional Headquarters Manufacturing Plant
Facilities, and Commercial Development Project would result from routine,
daily vehicle trips to and from the occupied buildings of the industrial
complex and trips resulting from occupation of the commercial buildings
within the project by employees and use of these commercial facilities
by residents of Moorpark and the surrounding region. The long -term air
quality effects of the project are almost exclusively related to
automobile emissions in the community airshed resulting from the proposed
commercial uses; the manufacturing and office uses associated with the
SDI facility itself would be comparatively minor.
Using the emission factors for commercial and manufacturing projects
provided in County Guidelines, construction of the proposed Phase 1
office and manufacturing facility would result in a total net increase
of 15.71 pounds per day of Reactive Organic Compounds (ROC) and 10.04
pounds per day of Nitrogen Oxides (NOx); with the addition of the Phase
2 expansion for Lot 3, total predicted emissions would be 23.03 pounds
per day of Reactive Organic Compounds (ROC) and 14.71 pounds per day of
Nitrogen Oxides (NOx) for full buildout of Lot 3. While these emissions
do not exceed thresholds, with the addition of the proposed Lot 3 flag
lot expansion, total SDI project emissions are predicted to be 39.36
pounds per day of Reactive Organic Compounds (ROC) and 25.13 pounds per
day of Nitrogen Oxides (NOx). Thus, with full buildout of the proposed
manufacturing facility, air quality impact thresholds would be exceeded.
The future development of commercial facilities on Lots 1 and 2
individually and collectively would result in significant unavoidable air
quality impacts. The new emissions to be generated by the commercial
aspects of the project can at least partially be offset by APCD
recommended mitigation measures. However, even with mitigation efforts,
including payment of mitigation fees, the project's incremental
contribution to a decline in the quality of air in the community would
be significant.
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The volume of long -term operational pollutants generated by the proposed
project was judged to be significant (based on APCD significance
thresholds). Because the Ventura County APCD uses the same long -term
operational thresholds to evaluate project specific and cumulative air
quality impacts, by definition, the proposed commercial components of the
project would have a significant cumulative impact on the degradation of
the airshed. Because project specific effects are significant and
unavoidable, cumulative effects are, by definition, also unavoidable.
Findings
The City disclosed the potential for significant, unavoidable adverse
environmental effects on local and regional air quality in the Final EIR
for this undertaking. Project modifications that would have reduced the
volume of pollutants were considered in the Alternatives Analysis. These
alternatives included:
Alternative 1: No Project
Alternative 2: Reduced Manufacturing Facility Size (150,000 square
feet)
Alternative 3: Deletion of Lot 4 and Use of Commercial Lot 2 for
Manufacturing Facility Expansion
Alternative 4: Revised Vesting Map and Modified Project Alternative
Alternative 5: Alternative Locations
As disclosed in the rationale statement concerning project alternatives
in the concluding section of these findings, with the exception of
Alternative 4 (Revised Project Design), these alternatives were
determined either to be infeasible or not capable of being implemented,
or, the alternatives considered would not substantially reduce air
quality emissions. The adopted alternative, Alternative 4, failed to
result in a significant reduction of air quality impacts and therefore
a Statement of Overriding Considerations was required for this impact.
Mitigation measures were conceived which partially offset air quality
impacts. Since adverse effects were not fully mitigated, a Statement of
Overriding Considerations has been prepared.
Rationale
Without a substantial reduction in the size of the project, diminishing
air quality impacts sufficiently to reduce the impacts of the project to
non - significant levels cannot be achieved. For the reasons cited in the
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Alternatives Analysis section of these findings, a reduction in project
size was not recommended in the Final EIR as the environmentally superior
alternative.
Feasible and implementable mitigation measures were developed for both
construction and long -term operational emissions that were anticipated
to occur as a result of project implementation. These mitigation
measures include transportation demand management planning, construction
mitigation planning, and incorporation of trip reducing technologies into
the project (to the extent feasible and applicable) . With the imposition
of these measures and taking into account the redesign of the project to
avoid or minimize environmental effects related to air quality (e.g.,
decreasing the extent and duration of grading), impacts were reduced to
the extent feasible. Therefore, applicable findings are that changes or
alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR (CEQA Section 15091 (a )(1)] and specific
economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (CEQA
Section 15091 (a )(3)] that could have further reduced air quality
impacts.
The new emissions to be generated by the project can at least partially
be offset by APCD recommended mitigation measures. However, even with
mitigation efforts, including payment of mitigation fees, the project's
incremental contribution to a decline in the quality of air in the
community would be significant.
Groundwater Supplies, Domestic and Reclaimed Water Use, and Surface
Water Quality
Anticipated Adverse Environmental Effects
Given the status of current imported water supply planning and the
likelihood that present expansion plans for wholesale water supplies will
be implemented in the near future, the project's impacts on imported
water supply limitations would be insignificant. In addition, both
Calleguas and County Waterworks District 1 have reviewed the project's
water demands, storage requirements, and related conveyance systems and
committed to providing domestic water service for the project.
Domestic water for the project will be provided by Ventura County
Waterworks District No. 1. The District's use of both underground and
imported water sources to service the area is restricted; groundwater
supplies are limited and regulated - -total future extractions must be
reduced in accord with Groundwater Management Agency requirements.
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Imported water sources, while contracted for in good faith by both
Calleguas and the Metropolitan Water District, are subject to variation
in supply depending on northern California regional rainfall trends.
Imported wholesale water is delivered to the District by the Calleguas
Municipal Water District (CMWD) through nine metered locations within the
District's boundary.
Sources of water for the SDI Project will be provided by the District via
district turnout stations from Calleguas main service lines. The
proposed water supply for the project would be met using imported water
supplies rather than local groundwater. The applicant is proposing that
the project water supply requirements are to be accommodated by either
existing or planned reservoirs in either the 920 and 757 service zones
pursuant to the Master Facilities Plan for the District. If required,
supplemental reservoirs, which would be sized to accommodate the project
plus other needs of the District, have not yet been sited.
Wastewater collection and treatment is provided by the District at the
Moorpark Treatment Facility. Wastewater is conveyed from developed
portions of the City through gravity sewer mains to the Moorpark
Treatment Plant. Wastewater mains are present in Science Drive in close
proximity to the SDI Project; therefore, limited infrastructure
extensions would be required to access existing wastewater main lines.
The projected sewer treatment demands associated with the three lots that
would be developed with either commercial or manufacturing uses are
projected to be 197,410 Gallons Per Day (GPD) for the three Lots (1, 2,
and 3) that would be served via a mainline extension from the New Los
Angeles Avenue Interchange northbound ramp to the existing main adjacent
to Science Drive.
First flush pollutants (hydrocarbon, oil, and automobile residues
deposited in stream channels as a result of initial seasonal rains) have
the potential to affect water quality in the Arroyo Simi. The Regional
Water Quality Control Board does not consider such parking lots, even
large parking lots, as either primary or significant point source
pollutant generators. However, NPDES regulations and planning guidelines
for the use of Best Management Practices recommend that consideration be
given to implementation of a system of water quality management that
prevents first flush pollutants from being discharged into important
riparian systems. Therefore, while the impacts of the pollutants
discharged from the parking lots within the area to be developed on Lots
1, 2, and 3 may only result in very minor impacts to water quality in the
Arroyo Simi, mitigation measures will be required to comply with NPDES
water quality maintenance requirements.
Erosion and sedimentation resulting from construction of the proposed SDI
project and related commercial structures would result in considerable
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short -term construction related effects. Ultimately, erodible areas on
the property would be protected with landscaping and extensive hardscape
and building development. With implementation of recommended mitigation
measures, the development would not contribute to cumulative erosion and
sedimentation impacts. However, contaminants present in runoff generated
by additional urban development within the watershed, in conjunction with
contaminants from existing urban development and other sources including
septic systems within the project vicinity and treated wastewater
discharge from the Moorpark Treatment Plant would potentially result in
minor degradation of water quality within the Arroyo Simi and downstream
areas of the Arroyo Las Posas tributaries. Further, runoff generated by
cumulative development may potentially increase water levels within
downstream channels, resulting in changes to the stream chemistry and
biology. However, given the relatively small area within the project
boundary to be impacted (approximately 100 acres) and the large size of
the watershed (about 129 square miles) the degree of project contribution
to long -term cumulative impacts is considered minor and insignificant.
Findings
The City disclosed the potential for adverse environmental and potential
property related effects resulting from the extraction of water from
local groundwater sources, the use of landscaping maintenance chemicals,
and the increase in impervious surfaces capable of transporting water
quality reducing chemicals from parking areas and streets. A number of
changes and alterations were required to the design of the proposed
wastewater and domestic water extraction and conveyance system; the
protection of water quality will be assured through the preparation and
implementation of a Water Quality Management Plan and related stormwater
management plans. Finally, requirements were established for coordination
with another agency (Water Works District No. 1) and which is responsible
for the management and distribution of water supplies and fire flows for
the project. Therefore, not only has the project been redesigned to
avoid adverse effects, mitigation measures have also been required to
offset any residual effects related to incomplete mitigation or inability
to redesign the project completely to eliminate impacts.
Therefore, the applicable finding is changes or alterations have been
required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified
in the Final EIR (CEQA Section 15091 (a )(1)].
Rationale
Specific mitigation measures
(1) groundwater management,
domestic water conveyance
were conceived to offset impacts related to
(2) wastewater treatment line relocations and
lines, (3) monitoring use through time to
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measure and correct for any effects on surface water quality, (4) the
potential for erosion and sediment impacts related to grading, temporary
erosion control, and (S) the long -term use and management of chemicals
both in the manufacturing facility and on exterior landscaping.
Based on available data, the proposed project effluent can feasibly be
processed by the Moorpark Treatment Plant without adverse effects on
long -term or short -term treatment capacity. The total treatment demand
would not adversely affect treatment capacity. A contract for the
provision of this water has been proposed by the applicant and approved
in concept by the District.
Although chemicals are used in the maintenance of landscaping, the array
and volume of these materials are minor compared to comparable
agricultural activities. With proper management of landscaping
maintenance, facility operations, and storm drain first flush facilities,
no contamination of downstream surface waters from the project even under
worst case conditions.
Drainage, Hydrology, and Flood Control Planning
Anticipated Adverse Environmental Effects
The anticipated improvements that will be required to achieve the basic
objective of detaining on site the increased water and debris flows
resulting from the proposed project will involve (1) the development of
on -site detention basin capacity to retain abut 44 cfs of discharge which
would result from construction of the development (Mary Lewis, Project
Engineer, South Bay Engineering, Personal Communication, March 1996), (2)
installation of properly sized drainage conveyance devices from the on-
site retention to the Arroyo Simi, and (3) improvement and replacement
of existing drainage conveyance devices adjacent to State Route 23. The
Ventura County Flood Control District has indicated that implementation
of all of these improvements will be required.
In addition, the proposed development will be required to provide for
improvements within on -site drainages (i.e., catch basins, piping, and
culverts); these facilities will need to be designed to comply with City
of Moorpark and the Ventura County Flood Control District standards.
With proper detention and debris basin planning, changes to on -site
drainage volume and patterns would not have a significant impact to
downstream drainage facilities or adjacent properties.
The primary watershed descending through the project (the Arroyo Simi)
carries a very substantial and rapidly moving volume of water during
major storm events (Final EIR on Arroyo Simi Channel Improvements,
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Hydrologic Analysis, page 5 -5). Lots 1, 2 and 3 are situated in close
proximity to the existing banks of this drainage. In several places,
these existing flood control channels are subjected to scouring water;
vertical banks are also characteristic of the channel and such banks are
subject to failure during high water velocity events. The types of soil
present along and above the floodplain of the Arroyo, particularly
adjacent to Lot 3, are relatively erosible.
Based on a preliminary review of the Arroyo Simi hydrology calculations,
geological setting, and landform shape in relation to stormwaters, it is
reasonable to assume that Lot 3, including the flag lot portion and
access road, would potentially be subject to potentially undermining bank
erosion and /or earthquake related slope failure that could otherwise
impact or modify existing banks. Lots 1 and 2 are situated well above
the Arroyo and no improvements are planned along the northern portion of
these lots at this time. The potential for loss of or damage to some
manufacturing, commercial, or related access road improvements along the
northern portion of the project and the potential for damage to parking
and roadway improvements along the Arroyo Simi drainage are considered
significant impacts.
Without proper bank protection and flood control planning related to the
design of future uses on the flag lot portion of Lot 3, which is bounded
at grade on the northern and western perimeter by the Arroyo Simi,
significant adverse impacts could occur as a result of (1) stormwater
induced road failures, (2) ponding in the vicinity of Lot 4 if the arroyo
breaks out or is redirected from its present channel, and (3) bank
scouring which could undermine bank or bridge stability; these impacts
are considered potentially significant. It is also important to
recognize that bank protection alone would not remediate the potential
for damage and impact that may result from predicted liquefaction related
failure in the proposed fill slope along the northern perimeter of Lot
3. Bank protection is required to prevent undercutting of this fill
slope which could contribute to slope failure, especially in saturated
conditions.
Runoff and stormwater quality control measures would need to be
implemented during and after construction to avoid silt and debris
transport effects. Additional efforts will also be required to comply
with the National Pollutant Discharge System requirements for stormwater.
The cumulative effects of downstream silt and debris transport could be
potentially significant. During the mass grading period, the amount of
debris exiting the site at the property boundary during construction
would be substantially greater than natural conditions if the proposed
debris basin is not constructed coincident with the onset of mass
grading. Therefore, a significant short -term impact could occur if
grading were allowed to proceed into the first rainy season without
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putting into place appropriate debris management technology (a Class II
impact).
The cumulative effects of downstream debris transport would be
potentially significant even if a net reduction in long -term silt and
debris movement results from implementation of the project. On -going
maintenance will be required to excavate and transport excess sediments
from any on -site debris and retention basins to offsite locations.
Trapped sediments would consist mostly of granular materials such as
sands and silts. Sediments trapped in the detention basin would carry
only very minor potential for contamination from parking lot related
discharges and manufacturing uses. Without proper maintenance, the
proposed debris and detention facilities would fail to accomplish the
objectives for which they have been designed.
Findings
The City disclosed the potential for significant adverse environmental
effects on local and regional drainage systems and existing flood control
improvements. Project modifications that would have reduced the volume
and dispersal of pollutants were considered in the Alternatives Analysis.
As disclosed in the rationale statement concerning project alternatives
in the concluding section of these findings, with the exception of
Alternative 4, these alternatives were determined either to be infeasible
or not implementable, or, the alternatives considered would not
substantially reduce flood control related effects. A number of changes
and alterations were required to the design of the flood control system
for the project; the applicant has agreed to implement all required
mitigation. Therefore, not only has the project been redesigned to avoid
adverse effects, mitigation measures have also been required to offset
any residual effects related to incomplete mitigation or inability to
redesign the project completely to eliminate impacts.
Therefore, the applicable finding is that changes or alterations have
been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified
in the Final EIR (CEQA Section 15091 (a)(1)J.
Rationale
The applicant had not proposed an urban runoff mitigation program and
therefore as planned, extensive erosion could occur during the initial
grading program. In addition, runoff and stormwater quality control
measures were needed to be implemented during and after construction to
avoid silt and debris transport effects. Additional efforts would also
be required to comply with the National Pollutant Discharge System
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requirements for stormwater. Mitigation measures related to the
protection of water quality and proper collection and dispersal of
floodwaters has been assured through the requirement to prepare a Master
Drainage and Flood Control Improvement Plan and a Bank Protection Plan
(if determined to be necessary by the City Engineer) prior to the
initiation of grading activities.
Biological Resources
Anticipated Adverse Environmental Effects
Development of Lot 3 and related rough grading site preparation for Lot
2, the access road to serve these two Lots, and limited remedial grading
on Lot 1 would result in the direct loss of approximately: (1) 13 acres
of cactus scrub, (2) 1 acre of California Walnut Woodland, (3) 1 acre of
Alluvial Scrub, and (4) indirect modification of 18 acres of other
aquatic and riparian habitats. These communities all meet the
definitions of significant rare or sensitive habitat. A substantial
portion of the land around the perimeter of the manufacturing and
commercial portions of the project would need to be cleared and modified
for fire protection purposes, further diminishing the existing native
plant communities. Disturbance associated with clearing and grubbing,
grading, and equipment storage and rough earth movement would further
destroy an undetermined amount of less significant types of vegetation.
Total sensitive native habitat loss resulting from implementation of the
project is estimated to be about 40 acres (distributed over a variety of
community types). The adverse effects resulting from destruction of
sensitive habitats and plant communities would be very significant.
Therefore, implementation of the project would contribute significantly
to the gradual, potentially inevitable, elimination of locally
significant plant communities as existing, viable habitats.
A total of 110 mature trees were counted and evaluated in detail within
the approximately 140 acre boundary of the Lot 1, 2, and 3 manufacturing
and commercial development construction area. According to the current
grading and construction plans, there are 45 trees estimated to be
destroyed by construction on Lot 3 (Phase 1 of the SDI manufacturing and
office facility project). The destruction of oak specimen trees,would
result from development of Lots 1, 2 and 3, and is considered a
significant impact.
A total of 18 sensitive plant species are known to occur historically in
the vicinity of the study area. Of these, four species were determined
to occur (or to potentially occur) within the study area due to the
suitability of on -site habitat. These include the Lyon's Pentachaeta,
which is both a Federally Proposed and state - listed Endangered Species,
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and the slender- horned spineflower, a state and federally - listed
endangered species. The two clusters of Lyon's pentachaeta (Pentachaeta
lyoni) located on the property are located within herbaceous communities
along ridgelines in the southeast corner of the property would not be
impacted by construction.
Of the biological resources found on -site, the riparian and cactus scrub
communities are considered to be the most sensitive. The riparian
communities (Alluvial Scrub and Mulefat Scrub) cover 17.5 acres of the
property. Because, riparian habitats represent high -value wildlife
habitat and are rapidly diminishing throughout California, these
communities are considered sensitive by natural resource agencies. The
cactus scrub located in isolated locations on the site serve as habitat
for the cactus wren, a species of bird listed as a U.S. Fish and Wildlife
Service federal candidate (Category 2) for listing as threatened or
endangered. The non - native grasslands and disturbed areas are not
considered sensitive.
The main riparian corridor is on the north side of the project boundary
and surrounds the Arroyo Simi. There are no other blueline streams
located on the property. While most riparian areas would be subjected
to indirect impact, primarily, some unknown portion of the riparian
habitat in the Arroyo Simi would be subjected to direct impacts,
particularly along the northern and western perimeters of the flag lot
portion of Lot 3 and the northern perimeter of Lot 2. The proposed 100
foot (or greater) fill slope in the northern portion of Lot 3 would also
result in direct and indirect impacts to riparian vegetation. In
addition, riparian communities would be directly affected by increased
erosion both during and after construction of the project facilities and
by increased runoff from the parking areas within the project boundary.
Direct impacts to the riparian corridor would result from the following
activities:
• construction of bank protection and drainage conveyance
devices along the northern perimeter of the development
adjacent to Arroyo Simi;
• clearing, grubbing, and grading for the construction
along the embankments above the present flood channel;
and
• construction of flood control improvements and retention
basins.
Although it is difficult to estimate the area of direct impact given the
level of detail presently available concerning final commercial and
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manufacturing hydrology and flood control design, drainage routing, bank
protection requirements, and related matters, based on an initial
computation of the zone of direct impact on riparian areas, approximately
18 acres of riparian habitat are likely to be impacted either directly
or indirectly by the project. The adverse effects of construction within
and adjacent to the riparian corridor would result in direct or indirect
impacts to about 18 acres of habitat or potential habitat, a significant
impact requiring mitigation planning.
Indirect effects on the habitats adjacent to the project are predicted
to occur as a result of project approval. The potential adverse
biological effects on surrounding biological resources could potentially
include increased and unregulated recreational use of surrounding lands,
intrusion of non - native plants and domestic animals into the remaining
relict components of the surrounding natural ecosystem, and the creation
of impediments to wildlife dispersal. Disturbance to nearby habitats
through increased noise, traffic, lighting, and general human activity
are also potentially significant.
Construction of the project would result in wildlife mortality. This
impact was determined to be an adverse but not significant impact. The
extent of animal mortality would not seriously impact the viability of
any vertebrate species. Regional animal populations would be sustained
despite the mortality of vertebrates associated with construction
disturbances.
A total of 31 sensitive or special interest faunal species (including 7
reptiles, 17 birds, and 7 mammals) are known to occur in the vicinity of
the project site. Two sensitive bird species, the Federal Candidate
Category 3b San Diego cactus wren, and the Federal Candidate Category 2
Southern California roufous- crowned sparrow were observed within the
study area during the late spring -early summer census of fauna. In
addition, the Coastal whiptail, a reptilian Federal Candidate Category
2 species, and the American Badger, a mammalian California Species of
Special Concern, were observed on the site. A complete description of
all of the candidate species and sensitive species observed within the
project boundary is provided in the Biological Resources Technical Report
(Appendix 5).
Due to the nearly complete anticipated destruction of existing plant
communities within the central portion of the property and the
anticipated transformation of the environment which would occur with
implementation of the project, adverse effects on these special interest
species are anticipated to be permanent and significant; predicted
impacts include temporary dislocation, essential habitat removal,
construction mortality, and long -term habitat loss and related species
displacement. While candidate and special interest species were observed
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or are expected to occur within the project boundary, with the exception
of the Cactus Wren and Least Bell's Vireo, no presently designated State
or Federal threatened or endangered wildlife species were observed or are
expected to occur on the site due to the lack of suitable habitat.
Buildout of Lot 3 for the SDI facility and Lots 1 and 2 for commercial
uses would result in the destruction or permanent alteration of
approximately 140 acres of wildlife habitat (a Class I impact), due to
construction disturbance and required fire clearance. The total extent
of habitat destruction or modification cannot be estimated with precision
until a refined grading plan is prepared and the location and extent of
all on -site and off -site improvements are designed. However, in general,
the present design of the project would result in a transformation of
native habitats from open space areas with high wildlife value to
manufacturing and commercial facilities surrounded by relict areas of
habitat.
A 100 -foot or greater Fuel Modification Zone, which will be required to
be created around the perimeter of the manufacturing and commercial
sites, would also result in the destruction of a substantial amount of
habitat. The area of disturbance and modification of habitat extends
beyond the direct impact area. Cumulative indirect habitat effects would
also result from habitat degradation associated with human occupation.
Fuel modification and other transformation of native habitat would result
in cumulative impacts to existing vegetation (a Class II impact).
The direct loss of habitat resulting from construction as well as the
indirect loss through habitat degradation would destroy or significantly
compromise the entire site as a functioning ecologic system (a Class II
impact). The cumulative impact would be to seriously modify remaining
stands of a threatened vegetation community and the associated complex
of birds, reptiles, amphibians, and other life forms.
Development of this project would eliminate or severely diminish
relatively sedentary species that currently live within the project
boundary. More mobile vertebrate species would be displaced into
adjacent habitats which are already likely to be saturated with
conspecifics.
These displaced individuals would also suffer high mortality rates.
Widely- foraging vertebrates such as raptors and carnivores would
experience a contraction of foraging space, the cumulative effects of
which are elimination of the entire site as an ecologic unit. The direct
and cumulative effects of habitat loss on existing vertebrate populations
is considered significant.
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The entire project site in its present form functions less as a wildlife
corridor and more as a refuge or destination area for wildlife. The
project represents one of the larger areas of intact, open space land,
not previously disturbed by agricultural uses, along the northern
perimeter of the City of Moorpark. Imbedded within the regional
landscape surrounding the project site are several natural features that
could be considered wildlife corridors.
Any of the deeper ephemeral washes and intact streams in the area offer
value as potential wildlife corridors. These elements are particularly
valuable because they dissect a series of habitats along their entire
length thereby contacting a wide variety of vertebrate species.
Therefore, the potential loss of this "secondary linkage" wildlife
corridor is considered significant.
Findings
The City disclosed the potential for environmental effects concerning
biological resource impacts and determined that for most of these
impacts, feasible and implementable mitigation measures could be
identified. Changes or alterations have been required in the Project
Description to preserve biological resources (e.g., creation of habitat
restoration areas, conservation easement areas, and the use of native
plants in the landscaping program). In addition, the Final EIR included
a revised project design that incorporated most of the required
mitigation measures outlined in the EIR. Subsequently, the Project
Description was formally amended and additional analysis of the revised
project alternative was included in the Final EIR; a revised set of
Conditions of Approval were developed to mitigate impacts not offset by
project redesign.
Therefore, applicable findings are that changes or alterations have been
required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified
in the Final EIR [CEQA Section 15091 (a)(1)] and specific economic,
social, or other considerations make infeasible the mitigation measures
or project alternatives identified in the Final EIR (CEQA Section 15091
(a)(3)] that could have further reduced impacts on biological resources,
flora, fauna, and rare and endangered plant and animal species.
Rationale
Mitigation measures were prepared to address all issues related to the
biological significance of the property to be developed. For each
impact, corollary mitigation measures were designed which, in general,
would reduce impacts to acceptable levels. This mitigation planning
included offsetting measures to compensate for: (1) the destruction of
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botanical resources and sensitive habitats, (2) impacts to rare and
endangered plant populations, (3) impacts to riparian habitats, (4)
indirect effects on and disruption of the ecology of the surrounding open
space, (5) construction related vertebrate mortality and impacts to
faunal resources, and (6) cumulative loss of habitat, plant communities,
and effects on wildlife corridors. In regard to issue 6, mitigation was
determined to be incomplete and therefore a Statement of Overriding
Considerations was prepared.
Noise
Anticipated Adverse Environmental Effects
Potentially significant short -term increases in ambient noise levels may
be perceived by residents living north of the project vicinity (north of
the Arroyo Simi) as a result of:
(1) construction vehicle ingress and egress to the project site;
(2) activities in construction staging yards;
(3) the operation of temporary on -site generators;
(4) daily construction worker ingress and egress to the project site;
(5) prolonged rough and finish grading;
(6) facility construction and related materials deliveries.
The loudest construction -type activities may require more than 1,000 feet
of distance between a source and a nearby receiver to reduce the average
91 dBA source strength to a generally acceptable 60 dBA exterior exposure
level (from stationary equipment) . The only residential areas in the
project vicinity are situated about 2,000 feet north of the construction
boundary.
Since noise from localized sources (such as noise from construction
equipment) typically attenuates (decreases in audibility with increased
distance from the source) by about 6 dBA with each doubling of distance
from source to receptor, outdoor receptors (residential neighborhoods
north of the Arroyo Simi) set back from the construction area by more
than 1,000 feet from the construction boundary would experience about a
45 dBA sound attenuation.
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This level of construction noise would not cause significant annoyance
for any surrounding residential area. The topography of the project site
and existing community and roadway noise associated with State Route 23
would also tend to mask and further attenuate construction noise.
The primary source of noise with the potential to impact sensitive
receptors in the community is motor vehicle traffic on the surrounding
road system. Existing noise sources and CNEL values along these
corridors have been accurately defined in the 1994 Technical Report for
the Noise Element update to the City's General Plan. Moreover, due to
the inaccessibility of the majority of the site and the substantial
distances from the proposed locations of residences and other sensitive
receptors from the New Los Angeles Avenue /State Route 23 interchange, no
supplemental on -site noise monitoring was determined to be necessary to
complete the impact evaluation for vehicle related noise.
One of the qualities of sound propagation impacts related to traffic
volumes on the street and highway system is that existing noise levels
tend to "absorb" the noise that might be created by additional traffic
volumes. For example, in order to produce a two to three dBa increase
in CNEL noise levels along State Route 23 and adjacent street system
segments (an increment of change that is barely audible to the human
ear), traffic volumes would need to increase 100% above existing levels.
Therefore, the volume of traffic that would be generated by the proposed
project would not result in a perceivable change in noise volumes based
on the audibility criteria outlined in Section 11.2 above. Therefore,
buildout of manufacturing and commercial uses on Lots 1, 2, and of the
Vesting Tentative Map and completion of Phases 1 and 2 of the SDI project
would not result in adverse or significant noise impacts to sensitive
receptors or residential neighborhoods along the local street system
associated with the project.
One component of the SDI manufacturing process involves testing devices
in a manner that results in periodic detonations that result in un-
' contained noise (i.e., noise that is either directed outside of the
manufacturing building or disperses beyond the containment provided) .
The impulse noise related to operation of the project is periodically
scheduled throughout a typical manufacturing week. This impulse noise
would be recurrent but relatively infrequent; however, the present
testing frequency may or may not reflect future patterns depending on
inspection and permit requirements, changes to manufacturing procedures,
product development and related issues. Further, SDI may engage in
product development that could result in other sources of periodic
testing noise that are currently unanticipated. Because of the materials
being tested and manufactured involve detonations, without containment,
noise impacts on the surrounding community could result from product
manufacturing and research activities.
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Modeling the effects of such impulse noises is difficult to achieve at
the project site until construction is complete and the on -site noise
propagation characters of the site and manufacturing activities are
actually measured. However, given the predicted values of impulse noise
and the potential future sources of noise that are unknown at this time,
impulse noise from the manufacturing buildings is predicted to be a
significant impact requiring mitigation. Further, the proximity of
future commercial uses on Lots 1 and 2 to the SDI manufacturing plants
proposed for Lots 3 and the flag area portion of Lot 3 could interfere
with retail uses in an unfavorable manner, making it difficult to obtain
the most desirable uses at these locations.
Findings
The City disclosed the potential for environmental effects concerning
construction noise and roadway noise in relation to the proposed
development. On the basis of these disclosures, mitigation measures were
required for construction and operation related noise impacts. The
required mitigation would avoid or substantially reduce the significance
of construction and operation noise impacts. In addition, the Final EIR
included a revised project design alternative that incorporated most of
the required mitigation measures outlined in the Draft EIR.
Subsequently, the Project Description was formally amended and a revised
project description was analyzed in the Final EIR; a final set of
Conditions of Approval were developed to mitigate any remaining impacts
not offset by project redesign. Therefore, not only has the project been
redesigned to avoid adverse effects, mitigation measures have also been
required to offset any residual effects related to incomplete mitigation
or inability to redesign the project completely to eliminate impacts.
Therefore, the applicable finding is that changes or alterations have
been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identifies
in the Final EIR (CEQA Section 15091 {a)(1)].
Rationale
The noise impacts of the project were determined to be adverse and
potentially significant during both the construction and operation phases
of the project. Construction related mitigation measures have been
required which should effectively reduce the construction noise impacts
of the project to insignificance and conditions of approval were
developed which will require all testing detonations to occur within
structures designed to absorb noise.
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Fire Hazards and Fire Suppression
Anticipated Adverse Environmental Effects
Although the area surrounding the SDI Project is characterized almost
exclusively by chaparral and scrub vegetation, to a considerable degree,
the project is insulated along its northern perimeter from regional
wildland fire influences by the Arroyo Simi and residential as well as
commercial development. Native plant types in the surrounding hillside
include many different species which have adapted to frequent fires and
extended periods of drought. The steepness of slope, soils, elevation,
intensity of wind movements, fire frequency and climate all contribute
to and influence the distribution and fire susceptibility of plants
within the vegetation communities immediately adjacent to the project.
Primary fire related risk in the project vicinity would result from a
fast burning high intensity chaparral fire. These types of fires are
less easily contained and suppressed than fires in oak woodland and
grassland areas south and west of the SDI Project site. Property damage
and loss of life are likely in chaparral fires which are characterized
by rapid, high intensity burning patterns. Therefore, design features
have been incorporated into the project to reduce fire risks.
Implementation of the proposed project would result in an increased
demand for fire protection services. Development of the project at full
buildout of all areas zoned for development would result in the creation
of about 330,000 square feet of manufacturing structures and about
170,000 square feet of retail development and the conversion of
approximately 100 acres of predominantly undeveloped area to urbanized
land uses and related slope maintenance zones. The steep topography and
chaparral vegetation located in the project vicinity is highly conducive
to wildfires. The planned internal fire suppression capability of the
manufacturing plant and the substantial buffers between buildings,
parking areas, and surrounding chaparral vegetation would reduce the
overall hazard of existing conditions.
Based on the proximity of the proposed project to an existing Fire
Station and the adequacy of facilities and personnel at other fire
stations in the immediate vicinity, no additional fire protection
staffing or equipment is warranted to satisfy fire suppression demands
associated with the project. Existing personnel and mutual aid
agreements can respond to fires that may arise within or pass near the
proposed project.
The proposed project internal circulation system for Lot 3 has been
designed to comply with standards established by the County Fire
Prevention Division; dual access to this Lot has been provided via an
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access driveway proposed to be cut into the fill slope for the pad along
the elevation parallel to State Route 23. Dual access to Lots 1 and 2
have not been provided; however, ingress and egress routes for Lot 2 are
identical to Lot 3 and therefore dual access for Lot 2 may not be
required. The concerns of the Fire Protection District regarding the
requirements for providing dual access to the flag lot portion of Lot 3
have yet to be satisfied; this area is situated in an area which is
separated from Lots 1, 2, and the Phase 1 development portion of Lot 3,
by a substantial distance. The flag lot area is also surrounded by
vegetation. At this time, all weather access across the Arroyo Simi to
the flag lot portion of Lot 3 has not been provided, nor is proposed, and
the slope stability of the landforms along the northern boundary of Lot
3 is not adequate to assure that this access road would remain open
during an emergency event. Slope failure related to earthquakes
(amplification or liquefaction related failure) is predicted by the
geologic stability model for the areas where this single access is
planned. The combination of the potential for earthquake related slope
failure along the access planned for the flag lot portion of Lot 3 access
road, and the absence of secondary access to this portion of the Lot,
could result in a road closure during emergency conditions and an
inability to access the building or provide egress. For this reason,
only a portion of Lot 3 can adequately be served with fire protection
services at this time.
The location of this project on the perimeter of the hard chaparral
community surrounding Moorpark and the need to conduct an extensive
grading program would result in relatively pervasive construction related
fire hazards. Initial site vegetation clearance and grading activities
have the potential to result in increased fire hazards during initial
phases of construction.
Hazard and risk management for the SDI facility in Moorpark would be
comparable to similar programs adopted for the existing SDI facilities
in California and Arizona. From a regulatory standpoint, the risk
management and emergency management procedures for the proposed plant are
highly evolved, effective, and adequately regulated.
It is clearly in the applicant's economic interest to comply with all
applicable storage, use and disposal requirements since failure to comply
could result in production interference. Based on a review of permit
compliance at existing plants, consultant inspection of other SDI
facilities, and interviews with applicable SDI risk management staff,
possible complications from risk of upset conditions were determined to
be insignificant as long as a risk management plan is prepared and
implemented for the facility. The risk of upset hazard footprint for the
materials in storage at the proposed plant would not extend beyond the
c:\1-m\sdi\ceqa.fnd 26 8 -14 -96
perimeter of Lot 3; in fact, the hazard footprint for the plant would be
entirely contained within the developed portion of the property.
Findings
The City disclosed in the EIR for the project the potential for
significant adverse environmental effects related to fire hazards and
impacts on fire protection services. On the basis of this information,
changes to the project design were recommended and these modifications
were incorporated into a revised project description. Project
modifications that would have reduced the potential for impacts from
wildland fires and for effects on local fire service providers were
incorporated into the revised project design. Subsequently, the Project
Description was formally amended and a revised project was analyzed in
the Final EIR; in addition, a revised and final set of Conditions of
Approval were developed to mitigate any remaining impacts not offset by
project redesign. Therefore, not only has the project been redesigned
to avoid adverse effects, mitigation measures have also been required to
offset any residual effects related to incomplete mitigation or inability
to redesign the project completely to eliminate impacts.
Therefore, the applicable finding is that changes or alterations have
been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified
in the Final EIR (CEQA Section 15091 (a)(1)].
Rationale
The proposed project internal circulation system has been designed to
comply with standards established by the County Fire Prevention Division.
The concerns of this agency have been taken into account in designing the
road system serving the project. Dual access to and from the
development, both for fire personnel and planned routes of emergency
egress for future occupants of the manufacturing and commercial portions
of the development, are adequate (except for the flag lot portion of Lot
3; however, this portion of Lot 3 is restricted from development until
adequate access and fire management can be provided in the future). No
other design modifications are required to meet County Fire Protection
Division requirements.
Implementation of the proposed project, together with other proposed
development within District's service jurisdiction, would affect the
ability of the District to provide sufficient fire protection services
to the City of Moorpark. The cumulative impacts associated with the
development of the project together with other proposed developments in
the region would require additional staffing, equipment, and facilities
in order to maintain adequate levels of fire protection throughout the
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City. Through proper design and management of fuel and topography, the
impacts on fire suppression services can be minimized.
Specific mitigation measures were proposed to address fire potential in
the project vicinity. The measures included preparation of a Fire Hazard
Reduction Program, specific building and construction requirements, road
and driveway requirements, and fire hydrant /fire flow requirements.
At this time, it is anticipated that the following federal, state, and
county agencies would be involved in the design review, permitting, and
operating oversight of the portions of the project that have some
potential for risk of upset conditions:
(1) occupational Safety and Health Administration (federal authority) :
This agency provides regulations concerning employee exposure to
chemical materials and manufacturing processes that involve risk or
hazard. Both state and local agencies would administer and enforce
these regulations at the plant.
(2) Environmental Protection Agency (federal authority): The EPA sets
standards governing pollutants, emissions, and hazardous materials
treatment, transportation and waste disposal. one small part of the
SDI operations involves incineration of potentially toxic emissions
and a federal permit to operate this incinerator will be obtained.
(3) Department of Transportation (federal authority) : This agency sets
standards on the packaging and transportation of explosive
materials, regulates and certifies the drivers handling these
materials and has developed a hazard classification topology that
is used to rank the relative danger of explosive materials. Because
the SDI facility would be manufacturing and shipping air bag
initiators which contain minute amounts of explosive material, the
handling and transport of the shipped initiators, particularly in
bulk conditions, is regulated by this agency. The packaged
initiators are considered to be of low volatility and are not
stringently regulated.
(4) Bureau of Alcohol, Tobacco, and Firearms (federal authority): This
Bureau regulates the design and construction requirements for
portions of the SDI operation that involve the storage and mixing
of combustible and explosive materials. This agency also sets
storage limits on inventory retained at the facility and performs
compliance inspections to ensure that all explosive materials are
handled properly. The BAT also would need to license the SDI
facility.
(5) Nuclear Regulatory Commission (a federal agency): A very small
amount of nuclear material is used in the manufacturing process (an
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X -ray process is used to verify the integrity of each initiator);
this material is regulated by the NRC. The agency sets exposure
limits for employees, regulates the design, construction and
operation of machinery used in the manufacturing process, and
defines licence requirements for the facility.
In essence, the basic regulation of hazards and risk management for the
proposed facility would require compliance with applicable federal agency
restrictions, requirements, and standards, as interpreted and implemented
by a variety of state and local agencies (e.g., the Regional Water
Quality Control Board, the State Occupational Health and Safety
Administration, the State Department of Transportation). County
involvement in the review and operational oversight of the facility would
involve the issuance of an Air Pollution Control District permit to
operate; the County Fire Protection District would also be involved in
review and oversight in defining and monitoring safety standards for the
plant. The Fire Protection District would also register the facility as
a hazardous materials generator and monitor compliance with risk
management and hazardous materials management plans required as
Conditions of Approval.
Transportation and Circulation
Anticipated Adverse Environmental Effects
Two intersections in the project vicinity would operate at unacceptable
Levels of Service [LOS D] under future traffic conditions predicted with
the addition of Phase 1 (131,000 square feet of manufacturing facilities)
of the SDI project to Year 2000 projected volumes. Impacted
intersections and effects attributable to Phase 1 of the SDI project
include:
(1) A reduction of traffic capacity to LOS E at Spring Road at Los
Angeles Avenue is predicted; however, this location would operate
at LOS C with the improvements noted previously for this
intersection under the Year 2000 No Project scenario. If the
recommended improvements to this intersection are implemented as a
scheduled Capital Improvement Project, then the project's effects
at this location would be reduced to acceptable levels without
additional mitigation. Therefore, impacts at this location are
significant, but can be offset by making required contributions to
the Los Angeles Avenue AOC Fund.
(2) A reduction in LOS from 0.70 [LOS Cl to 0.82 [LOS D] at Science
Drive and New Los Angeles Avenue (a Class II impact); and
c:\1-m\sdi\ceqa.fhd 29 8 -14 -96
(3) A reduction in LOS from 0.80 [LOS C] to 0.86 [LOS D] at Moorpark
Avenue and Los Angeles Avenue (a Class II impact).
With full project buildout (Phase 2: all remaining manufacturing square
footage and all commercial square footage), two of the study
intersections would operate at an unacceptable Level of Service (LOS D
and E) with completion of the SDI expansion and full buildout of
commercial development on Lots 1 and 2, and addition of this projected
traffic to the Year 2000 predicted traffic volumes.
Impacted intersections and effects attributable to Phase 2 of the SDI
project at these intersections include:
(1) A reduction of traffic capacity to LOS E at Spring Road at Los
Angeles Avenue is predicted; however, this location would operate
at LOS C with the improvements noted previously for this
intersection under the Year 2000 No Project scenario. If the
recommended improvements to this intersection are implemented as a
scheduled Capital Improvement Project, then the project's effects
at this location would be reduced to acceptable levels without
additional mitigation. Therefore, impacts at this location are
significant but can be offset by making required contributions to
the Los Angeles Avenue AOC Fund.
(2) A reduction in LOS from 0.79 [LOS C] to 0.84 [LOS D) at Science
Drive and New Los Angeles Avenue (a Class II impact); and
(3) A reduction in LOS from 0.87 [LOS D] to 0.92 [LOS E] at Moorpark
Avenue and Los Angeles Avenue (a Class II impact).
Similar calculations to the Year 2000 analyses were completed for the
projection of long -term cumulative effects associated with the addition
of project traffic to traffic anticipated with full buildout of the City
under existing land use designations in the City's General Plan.
The predicted circulation system assumed to be in place for the Year 2010
analysis includes the Year 2000 circulation system with the improvements
required to achieve the performance objective of LOS C as well as the
following improvements:
• Spring Road extension, "C" Street, the Casey Road
extension and the completion of Science Drive.
Six -lane roadway section along Los Angeles Avenue with
intersection configurations as shown on Figure 16 of the
Final EIR.
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• Extension of SR -118 west from the SR- 118/SR -23 freeway
connection to Los Angeles Avenue as a four -lane
expressway with "at grade" intersections at Spring Road,
Walnut Canyon Road (may be grade separated due to
terrain), and Gabbert Road. This connection does not
allow movements from eastbound SR -118 to southbound SR-
23 or from northbound SR -23 to westbound SR -118. (The
extension can initially be constructed as a two -lane
facility with the additional lanes being added when
needed) .
• Traffic signal installation at the SR- 118 /Walnut Canyon
Road (or grade separation) and SR- 118 /Spring Road
intersections.
The traffic analysis in the EIR indicated that all of the study
intersections would achieve the LOS C objective for both peak hour
periods. This conclusion is based on the assumption that improvements
have been completed by the Year 2010: first, the intersection geometric
improvements for Los Angeles Avenue /New Los Angeles Avenue and second,
that the SR -118 extension from SR -23 to Los Angeles Avenue, which creates
an expressway bypassing the City of Moorpark to the north, will be
required.
With the addition of cumulative traffic volumes to the project volumes,
cumulative impacts were predicted to result in:
(1) A reduction in LOS from 0.80 [LOS Cl to 0.85 [LOS D] at Science
Drive and New Los Angeles Avenue (a Class II impact); and
(2) A reduction in LOS from 0.79 [LOS Cl to 0.81 [LOS D] at Moorpark
Avenue and Los Angeles Avenue (a Class II impact).
The design of the SR -23 /New Los Angeles Avenue interchange has been
conceived to accommodate full SDI project buildout as well as General
Plan buildout. Since the mitigation of future project specific and
cumulative impacts has been included in the design of the proposed
improvements at the ramp locations, no project specific or cumulative
impacts would result from implementation of the project at the New Los
Angeles Avenue interchange.
Findings
The City disclosed in the EIR for the project that there was a potential
for significant traffic capacity related impacts at several locations
within the City. The payment of mitigation fees was required by the City
to offset the project's impacts on the local and regional street system.
c:\1-m\sdi\ceqa.fhd 31 8 -14 -96
Project modifications that would have reduced the potential for impacts
related to traffic safety at the entrance to the manufacturing facility
were incorporated into the revised project design. Subsequently, the
Project Description was formally amended, and an analysis was prepared
of the revised project which was then incorporated into the Final EIR.
This document also contained a revised set of Conditions of Approval
which were developed to mitigate any remaining impacts not offset by
project redesign.
Therefore, not only has the project been redesigned to avoid adverse
effects, mitigation measures have also been required to offset any
residual effects related to incomplete mitigation or inability to
redesign the project completely to eliminate impacts.
The applicable finding is that changes or alterations have been required
in, or incorporated into, the project which avoid or substantially lessen
the significant environmental effect as identified in the Final EIR (CEQA
Section 15091 (a)(1)].
Rationale
The Final EIR considered several impact assessment scenarios including
evaluating the impacts of project traffic on both existing conditions,
near term development, and long -term cumulative development anticipated
in the Moorpark region. On the basis of this analysis, assuming that the
City undertakes a variety of capital improvements over the next ten
years, the impacts of the project were determined to be fully mitigated.
The project was required to contribute to these capital improvements
through the payment of Area of Contribution fees and a Citywide Traffic
Mitigation Fee.
Redesign of the project entrance to Lot 3 was accomplished with the
intent of producing the most acceptable, safe, intersection configuration
achievable. The adopted design mitigation plan for this intersection
would not require the review and approval of Caltrans. In addition, the
applicant is funding a major improvement of the New Los Angeles
Avenue /State Route 23 interchange which will accommodate all future
project traffic and anticipated buildout under the City's General Plan.
With the imposition of these mitigation measures and design efforts, the
impacts of the project on local and regional circulation systems was
fully offset.
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Public Services and Private Utilities
Anticipated Adverse Environmental Effects
Ventura County Waterworks District No. 1 is the agency directly
responsible for providing water to the proposed project. A portion of
the development is presently not within the District boundary and the
applicant is pursuing annexation of the entire property to the District.
The District would provide water to the proposed project using existing
water supply infrastructure. No upgrades would need to be made to
existing well recovery and master distribution system lines. The
Waterworks District also maintains sewer lines throughout the City. No
major infrastructure extension is required to serve the proposed project.
The project would not adversely affect treatment capacity and the
projected project wastewater flows can be accommodated without expansion
of the Water Works District treatment facility.
For new development that is proposed to be connected to the District's
sewer facilities, an application process is required to be completed and
a sewer connection fee must be paid prior to initiating construction.
Prior to issuance of a Will Serve letter, the Ventura County Waterworks
District would be responsible for ensuring that adequate sewer main
capacity exists to accommodate the new development prior to granting a
permit for connection. No significant impacts to sewer infrastructure
components are expected to result from approval of the project.
Without contributing to funding improvements in educational facilities,
implementation of the proposed SDI project and related commercial
development could potentially impact educational quality, accelerate
overcrowding at some schools, and otherwise diminish the capability of
the existing District facilities to serve the present population of the
City. These impacts would be attributable primarily to population growth
or population relocation related effects associated with the development
of manufacturing and commercial uses on the property. A method has not
been developed either by the school district or by the State Board of
Education to model the school facility impacts of future residential
development associated with commercial and manufacturing projects. This
is because population relocation factors related to commercial and
manufacturing development are complex and difficult to predict. However,
a formula for predicting the cost offset necessary to support school
facility impacts related to commercial and industrial project has been
established by the State Legislature; the assessment is currently set at
.28 cents per square foot. The impacts of additional project specific
demands on educational facilities are anticipated to be significant.
Development of the proposed project would impact District facilities
through the creation of demands for school facilities.
c: \1- m \sdi \cega.fnd 33 8 -14 -96
Because most existing facilities are near capacity, accommodation of new
pupils would require facility planning to accommodate project related
growth. Based on the current fee of $ .28 per square foot, the SDI
project will be required to contribute approximately $36,400 in fees to
offset the indirect effects of the manufacturing development; when the
commercial components of the project (on Lots 1 and 2) are constructed
in the future, these developments will be required to make similar
contributions based on the assessment in effect at the time building
permit applications are filed. Buildout of the proposed project would
not otherwise adversely affect educational quality since the payment of
mandated mitigation fees would be used to offset project specific and
cumulative effects on educational quality.
Development of the project as proposed would ultimately result in the
creation of two commercial and two manufacturing facilities. Typically,
crime rates associated with manufacturing operations are very low since
such facilities are not characterized by either a concentration of wealth
or by retail or wholesale products or facilities. Therefore, the
manufacturing developments proposed for Lots 1 and 2 are not anticipated
to require any substantial additional police services, particularly if
defensible space design concepts are incorporated into the plant facility
and adjacent parking lot design.
The ratio of officers to population in Moorpark is presently adequate
(about .5 officer per thousand residents). As discussed in Chapter 13,
the project may result in additional population growth related to new
employment or relocation of existing employees to the City. The
additional population growth may increase service demands slightly but
not significantly. While development of the commercial aspects of the
project (Lots 1 and 2) are expected to result in increased calls for
service, the number or frequency of such calls is difficult to predict.
With the implementation of proper security measures within future
commercial developments and the incorporation of defensible space
concepts into these developments (as conditions of approval of future
commercial planned development permits), impacts on police and emergency
services are anticipated to be insignificant.
Not including green waste related to landscaping maintenance, at full
buildout of Lots 1, 2, and 3, the proposed project is expected to
generate approximately 21.6 tons per day of solid waste or 7,919 tons per
year (before diversion); the majority of this waste would accrue from
commercial operations on Lots 1 and 2. With implementation of all
feasible diversion strategies, this rate could be reduced to 16.8 tons
per day or 6,135 tons per year. Implementation of the proposed project
would account for less than 2.8% of the permitted daily tonnage received
at the Simi Valley Landfill. This landfill has sufficient capacity to
serve the proposed project. The project specific and cumulative waste
c: \1- m \sdi \cegaXhd 34 8 -14 -96
generation associated with this development would exceed County
thresholds (a Class II impact).
Development of the proposed project and projects within the service area
for the Simi Valley Landfill would accelerate usage of the remaining 7.3-
million -ton capacity at the Simi Valley Landfill. However, the Simi
Valley Landfill currently receives only one -third of its permitted daily
tonnage of refuse. Therefore, from the standpoint of sufficient
capacity, the contribution of refuse from the project and other projects
within the landfill's jurisdiction would not result in a significant
cumulative impact on solid waste facilities. Nevertheless, County Solid
Waste Management guidelines indicate that a project may contribute to
potentially significant cumulative impacts if the rate of solid waste
disposal rate exceeds 15 tons per year. Therefore, the project's
contribution to cumulative solid waste problems in Ventura County would
exceed thresholds.
Findings
The City disclosed in the EIR for the project that there was a potential
for significant impacts on public services and utility providers. The
impacts considered included (1) effects on the ability of domestic water
service providers to continue to provide service to other users if the
project is developed, (2) impacts on the collection and treatment of
wastewater, (3) effects on educational quality and school facilities,
impacts on police and emergency services, and effects on solid waste
facilities and long -term waste disposal planning.
On the basis of this information, changes to the project design were
recommended and these modifications (including mitigation measures
requiring the payment of fees, improved street system design and
incorporation of defensible space concepts into the project site plan,
incorporation of recycling and waste disposal economizing measures) were
incorporated into a revised project description. Subsequently, the
Project Description was formally amended and an analysis of the revised
project was included in the Final EIR; a revised final set of Conditions
of Approval was prepared to provide for mitigation of any remaining
impacts not offset by project redesign. Therefore, not only has the
project been redesigned to avoid adverse effects, mitigation measures
have also been required to offset any residual effects related to
incomplete mitigation or inability to redesign the project completely to
eliminate impacts.
Therefore, the applicable finding is that changes or alterations have
been required in, or incorporated into, the project which avoid or
c:\I-m\sdi\ceqa.fhd 35 8 -14 -96
substantially lessen the significant environmental effect as identified
in the Final EIR (CEQA Section 15091 (a )(1)].
Rationale
Mitigation of impacts to public service providers and utility companies
involved both project redesign and the requirement to comply with
mitigation measures as Conditions of Approval on the revised project.
Mitigation relative to educational facilities will be accomplished
through the payment of fees for both the residential units and the
proposed recreational /commercial uses. Police and emergency service
concerns were mitigated through the requirement to consult with the
Moorpark Police Department in the design both of the layout and security
content of the commercial and manufacturing spaces constructed on the
property, and the incorporation of defensible space concepts into the
project design. Solid Waste impacts will be offset through the creation
and implementation of a Solid Waste Mitigation Plan and through the
integration of recycling management concepts.
Aesthetics, Visual Resources, and Community Design
Anticipated Adverse Environmental Effects
The State Route 23 -New Los Angeles Avenue Interchange Corridor
The visibility of the project from this corridor would result in a
completely different visual quality experience compared to existing
conditions. Developments on Lots 1, 2, and 3 (the primary SDI facility
proposed at this time) would be highly visible from the super - elevated
State Route 23 through lanes, from the hook ramp serving northbound
traffic, and from the east bound travel lanes along New Los Angeles
Avenue. As the northbound State Route 23 traffic ascends the grade
leading to the travel lanes of the highway, the project would come into
view. Given the grade relationships and viewing distances within the
surface road and highway travel lane network adjacent to the western
perimeter of the proposed project, most of the development (nearly all
of Lots 1, 2, and 3) would be highly visible from this view corridor.
The modifications to existing conditions along this corridor resulting
from implementation of the project include:
(1) elimination of two of the three prominent topographic
ridgepoles which are presently visible from this
corridor and replacement of these ridges with industrial
and commercial buildings and associated landscaping;
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(2) landform cuts and roadway improvements necessary to
access the project site would result in the relocation
of lanes around the New Los Angeles Avenue ramp, cutting
of landforms immediately east of the northbound ramps,
and creation of two commercial pads above and to the
north and east of the existing ramp lanes;
(3) landscaping treatment of the open space area in the
portion of the hook ramp internal to the lanes and
connection of this now barren area to a landscaped
entrance to the City;
(4) conversion of the native vegetation on the hillsides
defining this view corridor to a landscaping treatment
to support proposed architecture;
(5) creation of a landscaped streetscape along an eastern
extension of New Los Angeles Avenue which would rise
steeply from the present grades to the commercial and
manufacturing pads proposed for Lots 1, 2, and 3;
(6) implementation of a landscaping screening program for
Lot 3 which will, when trees have matured, effectively
screen the SDI manufacturing facility from the view
corridor; and
(7) conversion of the view corridor from an open space to a
developed condition.
The period of visibility of the modified landforms, project entrance, and
access roadway would be of modest duration from this corridor (10 to 20
seconds along State Route 23 and up to several minutes for eastbound
traffic along New Los Angeles Avenue). Impacts associated with landform
modifications along this view corridor were determined to be potentially
significant and subject only to partial mitigation.
The State Route 23 Corridor for North and Southbound Traffic
The visibility of the project from this view corridor would be prolonged,
depending on travel speeds. The components of the project that would be
visible include:
(1) landform cuts and grading remediation along a portion of
the northern ridgeline defining the property boundary;
(2) construction of major fill slopes, buttress walls, and
other features related to slope stabilization and
c:\1-m\sdi\ceqa.fhd 37 5 -14 -96
drainage that are necessary to render Lot 3 suitable for
the proposed uses;
(3) creation of an access road which would be cut into the
mid -slope descent of this buttress fill would be clearly
visible from this approach;
(4) buildings situated on Lots 1 and 2 would be highly
visible, particularly after the point of transition of
SR -23 and SR -118 approaching the New Los Angeles Avenue
Interchange and for eastbound traffic traveling along
New Los Angeles Avenue towards the ramps; and
(5) Any future development on Lot 4 would be visible from
this view corridor, as would the extension of an access
road proposed to link the flag area on Lot 3 with the
main development area of Lot 3.
The presently highly scenic rocky landforms around the oxbow of the
Arroyo Simi and the associated oak woodland which inclines northward
toward the freeway would both be very substantially modified; the oak
woodland would be eliminated. The escarpment defining the edge of the
riparian area would be graded to provide a suitable transition from the
northern perimeter of the graded pads to the sheer cliffs which dominate
the northwestern perimeter of Lot 1 and the northern perimeters of Lots
2 and 3. The ridge system and associated woodland defining the northern
perimeter of the project would be significantly modified by this
development. Therefore, the impacts along this view corridor related to
the highway system and scenic approaches to the City were determined to
be significant.
The Virginia Colony /Campus Park View Corridor
Some components of the project would be moderately visible from this view
corridor. However, since the distances between the proposed project and
Campus Park and the commercial properties south of Campus Park are
substantial, the impacts of the development from public street view
corridors in these developments would be minimized. For residents of the
Virginia Colony (particularly along Avenida Colonia and the eastern
extension of New Los Angeles Avenue), the impacts of the modifications
described above would be considerable. The modifications to existing
conditions along this corridor include:
(1) landform cuts and grading remediation along a portion of
the northern ridgeline defining the property boundary - -a
considerable portion of the pad area to be created on
c: \1- m \sdi \cega.fnd 38 8 -14 -96
Lots 1, 2, and 3 would be screened by existing homes and
landscaping along the street system;
(2) creation of major fill slopes, buttress walls, and other
features related to slope stabilization and drainage
that are necessary to render Lot 3 suitable for the
proposed uses - -many of these features would not be
visible or would only be partially visible due to the
grade and elevation differences between the project and
neighborhoods in the areas north of the project;
(3) construction of an access road which would be cut into
the mid -slope descent of this buttress fill would be
clearly visible from this approach - -this road would be
visible from the Virginia Colony and surrounding areas
to the north;
(4) buildings situated on Lots 1 and 2 would only be
partially visible, due primarily to grade differences
between the two areas; and
(5) if constructed in the future as proposed, developments
situated on Lot 4 would be visible from this view
corridor as would the extension of an access road
proposed to link the flag area of Lot 3 with the main
development area of that lot.
The period of visibility of the modified landforms, landscaping, buttress
fills, and associated features of the project would be of modest duration
from this corridor (5 to 20 seconds depending on vehicle speed, street
orientation, and other factors). Impacts associated with landform
modifications along this view corridor were determined to be potentially
significant.
Because no modifications are planned to the southern and eastern property
ridgelines, view corridor changes would not significantly alter the
community viewshed of this property for either foreground or background
perspectives from the existing developments to the distant south and
east. The most prominent ridgeline on the property will be preserved.
Residents in the immediate vicinity of the project will experience some
modification of open space views but these effects could be diminished
by a number of design features including intensive, restorative
landscaping and adherence to strict design control of portion of the
development that would be visible along these corridors.
Given the relatively high elevation of the proposed development in
relation to surrounding properties, the project would be highly visible
c:\l - m \sdAcega.f id
39 8 -14 -96
and would dominate open space views, a significant impact requiring
considerable mitigation planning; however, even with mitigation, visual
impacts are expected to result in a significant aesthetic change from
existing conditions. The effective and intensive use of native
landscaping, particularly on the northern perimeter of the development
would at least partially diminish the sense of open space modification
which would accompany buildout of this development.
The loss of open space that would result from implementation of the
project would be biologically significant, and from an aesthetic
standpoint, this impact would also be significant, particularly from the
vantage point of the developed portion of the city since two of the three
dominantly visible ridgelines within the development would be removed.
Overall, impacts to important public view corridors and the perception
of open space were determined to be significant because:
• While existing landscaping, grade differences, and commercial
and residential structures interfere with the visibility of
the project from many public view corridors north of the
development, since the project is at a substantially higher
elevation than surrounding areas, impacts due to landform
modification and construction would be highly visible even
from mid - ground and background views;
• Even though the topography along the southern perimeter of the
project would not be noticeably altered, from the west, north
and northeast, the modifications to the property would be
highly visible. These modifications include the elimination
of a highly scenic ridge and valley system and replacement of
these landforms and related vegetation with a buttress fill
program involving the extensive use of retaining walls;
• The project would be highly visible from State Route 23,
intermittently from the southern approach of State Route 118,
and from the New Los Angeles Avenue Interchange - -the changes
from these view corridors would result in a complete
transition of the visual environment from open space to an
intensively built environment.
The existing aesthetic environment surrounding the project is
characterized by the amenities typically associated with open space:
lighting in the area is of moderate low intensity and only partially
interferes with perception of the night; ambient noise levels are
generally moderately low (except along the SR -23 corridor); commanding
views are present of the regional environment; there is only a modest
sense of crowding.
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The only neighborhood that potentially would experience quality of life
changes as a result of project development is situated along Avenida
Colonia in the Virginia Colony. The areas around the Virginia Colony are
presently in transition from residential, open space, or agricultural
uses to commercial and manufacturing uses. Therefore, the project would
not initiate any significant change in the immediate environment of these
residences but it would contribute to the on -going transition of uses.
Operations at the proposed project may have limited potential to result
in impulse noises beyond the perimeter of Lot 3. Impacts on this
neighborhood from increased noise, additional lighting, aesthetic
changes, and the indirect effects of both manufacturing operations and
commercial development could diminish the quality of life of residents
in the Virginia Colony. These impacts and diminution of the amenities
of residential experience would be limited to this residential area and
would not extend into the Campus Park neighborhoods. The presence of a
non - residential business park urban design form in the immediate project
environment (extensive manufacturing and commercial areas around the
Virginia Colony) have already created quality of life related
incompatibilities between existing and proposed development. The impacts
of the proposed project related to transformation of the surrounding
environment are potentially significant impacts. Immediately surrounding
properties north of the project may experience some significant change
in quality of life related to this transformation.
The community design and urban form proposed for the project would
involve the creation of two potentially compatible types of development.
The situation and orientation of the lots to be developed with commercial
uses would be linear in pattern in relation to the existing street
system; the manufacturing lot has been designed to be set back from the
street system. This arrangement is an appropriate and suitable
relationship between lot locations, the street grid, regional access
concerns, and the degree of public exposure to the two types of uses.
The relationships between the commercial and manufacturing lots are
appropriate and suitable.
The proposed project would be situated on a highly visible landform which
is situated at one of the major entrances to the City. This prominent
location is situated in an area dominated by three highly visible
ridgelines. Only the most dominant southern and eastern ridges would be
preserved in place; the remaining ridge and valley systems on the
property would be leveled using rough grading techniques to provide three
tiers of building pad, the largest of which would be devoted to
manufacturing uses.
Although the future commercial project architectural details are not
sufficiently developed to permit analysis, this absence of completed
planning provides an opportunity to develop the commercial lots within
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the project so that structures conform to the degree feasible with the
City's Hillside Ordinance.
Findings
The City disclosed in the Final EIR for the project that there was
considerable potential for significant impacts on aesthetics and visual
resources. The impacts considered include (1) the visibility of the
project along public view corridors, (2) modifications to open space
perception, (3) the transformation of the rural landscape and quality
of life impacts on surrounding properties, (4) community design and urban
form, and (5) Hillside Management Ordinance considerations. On the basis
of this information, changes to the project design were recommended and
these modifications (including redesigning the grading plan, deletion of
one buildable lot, significant redesign of the proposed landscaping
program for the project, inclusion of requirements to complete oak
woodland restoration, etc.) , were incorporated into a revised project
description. Subsequently, the Project Description was formally amended
and an analysis of the revised project was included in the Final EIR.
Revised final Conditions of Approval were developed to mitigate any
remaining impacts not offset by project redesign. Therefore, not only
has the project been redesigned to avoid adverse effects, mitigation
measures have also been required to offset any residual effects related
to incomplete mitigation or inability to redesign the project completely
to eliminate impacts.
Therefore, the applicable finding is that changes or alterations have
been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified
in the Final EIR (CEQA Section 15091 (a )(1)].
Rationale
To address aesthetic concerns, changes were made to the Project as
discussed on Pages 4 and 5 of these Findings. in the revised Project
included:
Cultural Resources
Anticipated Adverse Environmental Effects
One archaeological deposit is situated in an area that would be graded
in the vicinity of proposed Lot 2; the deposit is also within the
alignment of the proposed access road designed to serve the project. Due
to geological conditions which would require very extensive excavation,
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soil removal and re- compaction, this archaeological site would be
unavoidably impacted by the development.
This archaeological deposit was recorded in 1987 as part of an
alternative alignment study for a modification of the SR -23 /SR -118
freeway connection. Preliminary results of the testing done in 1987
resulted in the definition of the deposit as very shallow (less than 25
centimeters). The assessment at that time was that the deposit
represented "a small, limited activity area related to a major occupation
area located nearby ". The array of activities that occurred at this site
are considered limited and the archaeological record associated with the
deposit is very diminutive.
Most of the archaeological remains at this site were located on the
surface. The surface deposit was left uncollected as part of the Phase
II analysis, since it was not certain that the area would be developed
as proposed until the Vesting Map is approved. The significance of the
deposit to the regional understanding of prehistory, tribal history, and
cultural evolution is very limited, since the archaeological remains
present are in very low density and the range of activities carried out
at the site do not appear to have left any record of residential or
burial activities (the primary activities that render archaeological
deposits important). While the site cannot be categorized as
insignificant, the primary research values of the deposit will have been
recovered fully once the surface artifacts on the site are collected,
described, and mapped. Impacts to this archaeological deposit will be
fully mitigated with completion of collection of surface artifacts and
processing of materials collected as part of the Phase II testing
program.
Findings
On the basis of the information contained in the EIR, a determination was
made that some impacts to cultural resources will occur during
construction. For this reason, once data recovery is complete at the one
site where impacts are anticipated, construction monitoring during the
initial phases of grading was recommended as a Condition of Approval.
With implementation of a Phase III data recovery program and construction
monitoring, requirements have been placed on the project which should
assure that both anticipated and unanticipated effects on cultural
resources which would result from development of the project will be
mitigated. Therefore, the applicable finding is that changes or
alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR (CEQA Section 15091 (a )(1)].
Rationale
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Data recovery at archaeological deposits that would be impacted by
construction is a conventional mitigation measure imposed on projects
when impacts are unavoidable. Cultural resources are also sometimes
encountered in contexts similar to the proposed project (adjacent to a
major riparian system in an area with abundant food resources of
relevance to prehistoric communities) during construction activities even
if no such resources are encountered during initial reconnaissance of a
property. Therefore, mitigation planning has been recommended to assure
that any cultural site encountered during grading is properly mitigated
in accordance with Appendix K of CEQA.
Paleontlogical Resources
Antici-pated Adverse Environmental Effects
Paleontological resources at the project site would potentially be
adversely affected by grading and earthmoving activities. Disturbance
of resources of high importance would result in loss of fossil remains
and associated geologic data and loss of fossiliferous beds. Based on
the literature search, consultation with paleontologists, and probability
estimates for the recovery of fossil materials based on comparisons with
other similar fossil locations, impacts to paleontological resources
within the project are predicted to be significant.
Based on the history of fossil production within the Sespe and Saugus
Formations within and near the project boundary, these formations have
a moderate to high potential for the discovery of significant fossils
during the mass grading (and other earthmoving operations) ; the potential
for fossil exposure during the initial phases of mass grading is likely.
These grading operations would possibly result in the destruction of
fossils, unless proper mitigation members are undertaken. The
destruction of these fossils would represent an adverse impact on an
understanding and interpretation of this region's paleontological
resources and evolutionary history. This impact would be significant,
because fossils from these units could provide information on the age of
these formations. Additionally, they would supply information on the
evolution and diversity of life in southern California during the
region's geologic history. Therefore, the following measures are
necessary to protect the region's paleontological resources.
Findings
On the basis of the information contained in the EIR, a determination was
made that some impacts to paleontological resources will occur during
construction. For this reason, construction monitoring during the
initial phases of grading was recommended as a Condition of Approval.
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With implementation of a fossil data recovery program and construction
monitoring, requirements have been placed on the project, which should
assure that both anticipated and unanticipated effects on paleontological
resources will be mitigated. Therefore, the applicable finding is that
changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effect as identified in the Final EIR (CEQA Section 15091 {a }(1)].
Rationale
Paleontological resources are sometimes encountered in contexts similar
to the proposed project; limited fossil recovery occurred during the
initial geologic testing of the property. The recommended data recovery
measures proposed in the EIR and as Conditions of Approval will mitigate
the paleontological impacts of grading and earthmoving at the proposed
SDI Project site. Therefore, mitigation planning has been recommended
to assure that any fossil site encountered during grading is properly
mitigated; cost limitations set forth in CEQA Appendix K are proposed to
apply to this data recovery work.
Insignificant Effects
Findings and Rationale
The agricultural potential of the soils within the SDI Project property
are not impressive; soils have been ranked as poor to unsuited for
agricultural use by the Soil Conservation Service and the absence of
historic records of agricultural use substantiate this finding. A small
portion of the property is designated Farmland of Local Importance
consistent with the very limited distribution of Garretson loam which is
confined to the stream terraces above the Arroyo Simi adjacent to the
flag area portion of Lot 3.
Based on City land use classifications, the site is not proposed to be
retained in agricultural production. Because the property is not in
agricultural production and therefore is not a part of the local
agricultural economy, State Department of Conservation farmland
designations are not applicable. Further, the City has not identified
the project site as part of its agricultural resources and has not
applied the corresponding land uses classifications and conflicts with
agricultural land preservation would not occur if the project is
approved. Therefore, based on all of these criteria, the impacts of
converting the proposed property to urban uses would not result in
significant effects.
Light and glare related impacts associated with conversion of the
property from open space to a developed condition will be mitigated fully
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45 8 -14 -96
through the imposition of lighting restrictions. The applicant has
agreed to modify the Project Description to include such restrictions.
Alternatives
As required by CEQA, the consultant evaluated several alternatives to the
project as proposed. These alternatives included:
Alternative l: No Project
Alternative 2: Reduced Manufacturing Facility Size (150,000
square feet)
Alternative 3: Deletion of Lot 4 and use of Commercial Lot 2 for
Manufacturing Facility
Expansion
Alternative 4: Revised vesting Map and Modified Project
Alternative
Alternative 5: Alternative Locations
The environmentally superior alternative was defined as a project with
the following dimensions and attributes (all references to lot numbers
are to the project described in the Draft EIR, not the revised project).
The Draft EIR text recommended:
"(1) Building Square Footages and Configuration: The primary
modification that this alternative would make in the
site plan would be the deletion of Lot 4 and the
creation of a consolidated, multi -level manufacturing
plan on a combined Lot 2 and 3 property. The site
design for the project could be modified to concentrate
all developable square footage over areas on Lot 3
without deep alluvium (which is expensive to remediate)
and areas without the potential for slope failure or
liquefaction. This combination of facilities should be
designed to place all primary manufacturing activities
on Lot 3 necessary for full SDI development over the
next 10 to 15 years (about 300,000 square feet).
Subsoil conditions and building dimension constraints
and other factors may require partitioning some uses
from the main manufacturing area (e.g., a separate
cafeteria and shipping and completed product storage
area may be required and the hazardous materials storage
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areas and blending facilities would still need to be set
back from manufacturing areas).
(2) Lot 2 Development Options: Commercial /Office /Mixed Use
Development on Lot 2: If all or nearly all
manufacturing development can be accommodated on a
reconfigured Lot 3, then Lot 2, which is currently
proposed to be dedicated to commercial uses, could
either be converted completely to parking for the
facility on Lot 3 (with tram linkage of the two areas if
adequate parking cannot be located on a revised Lot 3
pad) or the office functions proposed for Lot 3 could be
placed on Lot 2 and the Lot could be retained as a
separate entity. If some functions need to be relocated
from the primary manufacturing area on Lot 3, this
relocation can provide opportunities. For example, the
SDI offices could be placed in a separate office
facility on Lot 2 (or on the Lot 2 area) which could
include additional leasable office space (or even
limited commercial on the lower floor below a multi -
floor office building). In this way, for the costs of
bridging the Arroyo Simi to Lot 4, an entire office
facility with leasable space could be developed.
(3) Permitted Commercial Development on Lot 1: The total
allocation of commercial square footage for Lot 3 could
be increased to the degree acceptable to the City. For
the purposes of this analysis, the recommended square
footage for Lot 1 would be about 133,000 (floor area
ratio of .35). This ratio could be somewhat increased
in the entitlements without compromising good design,
adequate parking, and landscaping.
(4) Other Lot Reconfigurations: Lot 3 would still have an
area of slope instability but no construction would be
proposed in this slope area. No access road extension
would be required across the unstable slope area.
Construction of all basic improvements (including
grading) would occur at this time rather than in two
major phases. Lot 5 could be reconfigured slightly to
increase pad area for Lot 3. Lot 10 should be deleted
and access to revised Lots 1, 2, and 3 should be shown
as an easement.
(5) Lots Set Aside for Open Space and Conservation: Under
this alternative, Lot 4 would be included in the
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conservation easement area proposed for Lot 5. Lots
4 and 5 would be combined into an open space preserve.
The woodlands on Lot 4 would be designated as the oak
woodland biological remediation area to compensate for
the destruction of significant, valuable habitat to be
destroyed as part of Lot 1, 2, and 3 construction.
The Draft EIR concluded that the alternative outlined above would meet
the applicant's objectives without the development of Lot 4, an
undertaking that appeared to be both financially and technically
infeasible. This alternative would have resulted in impact reductions
in all non - population dependent impacts (biology, cultural resources,
etc.) and represented a slight reduction over the square footage now
requested by the applicant. This reduction, however, is limited to the
more speculative parts of the SDI proposal (commercial facilities). The
basic objectives of establishing an important entryway to the City with
a potential mixed use building on the area included in Lot 2 and a major
commercial facility on Lot 1 would still be accomplished. This
alternative required analysis by the applicant to confirm the
feasibility of placing about 330,000 square feet of facility on one
expanded parcel.
The suggestions were not all implemented by the applicant in the redesign
of the project. However, the modifications made by the applicant
significantly reduced the environmental impacts of the project. After
consideration of inputs from the EIR consultants, City Staff, and the
applicant's engineers, the Project modifications listed on Pages 4 and
5 of these Findings were incorporated into a revised Project Description.
Given the scope of the changes, the applicable finding is that changes
or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect
as identified in the Final EIR (CEQA Section 15091 (a )(1)J.
Rationale
The primary attributes of the revised project include:
(1) A decrease and consolidation of the number of developable parcels;
(2) An increase in the number of parcels to be placed in open space
conservation easements or similar restrictions or dedications;
(3) A limitation on the development of the remaining manufacturing
portions of the project to the boundaries of the proposed building
footprints unless the geotechnical, fire safety, ingress /egress and
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water supply problems associated with an expansion of use can be
resolved to the City's satisfaction; and
(4) Modifications to the Conditions of Approval for the project (through
the preparation of revised conditions and a Development Agreement)
which in some cases improve upon and in other cases diminish the
level of environmental protection afforded the resources within the
project boundary (refer to the revised Conditions of Approval in
Chapter 23).
A review is provided on a case by case basis of the environmental
consequences of amending the project description as proposed by the
applicant. The analysis permits the general conclusion that the revised
project alternative reduced the impacts of the project significantly.
Geologic and Seismic Hazards
Impacts associated with rough grading, landform modification, slope
stability, and all types of soil disturbance typical of mass graded
projects would be less than the project as proposed since the actual
surface area to be graded would decrease slightly (at least for Phase I
of the project) . The proposed linkage between Lots 3 and 4 proposed
under the original project would not need to be constructed for the
amended project. In fact, proposed Conditions of Approval prohibit the
development of the previously proposed Lot 4 (now referred to as the flag
area of Lot 3) until or unless all access, fire protection, geotechnical,
biological and other resource impacts are fully assessed in the future,
once a specific proposal for access to this area is provided by the
applicant. A less extensive road system would be required with the
smaller revised project. Slope stabilization requirements would be
decreased in several areas since development of the flag area of Lot 3
would not occur. While the manufacturing facilities still would be
situated in areas characterized by unstable slopes, expensive remediation
would be diminished, particularly for the access road connection between
the flag area of Lot 3 and the main development area of that lot. No
bridge or infrastructure extensions would be required over the Arroyo
Simi to serve the flag area of Lot 3. All impacts associated with
proposed rough grading, the potential for disruption of manufacturing
operations due to seismically induced slope failures, and potential
downstream hydraulic and debris transport impacts would be reduced with
this alternative.
Air Quality Impacts
Operational impacts associated with the project would be somewhat reduced
with this alternative because the total developable square footage for
manufacturing and commercial uses would be reduced modestly.
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to install. Decreased retention basin sizing would occur with this
option. The impacts of this alternative would diminish compared to the
project as proposed regarding all aspects of water management and
drainage.
Biological Resources
The revised project represents a more favorable alternative from a
biological resources standpoint, since it includes elimination of prior
Lot 4 and proposed incorporation of several other lots (now lettered)
either into conservation easements, or areas of land dedication to the
City. The revised project is also a more desirable alternative to the
project as proposed from the standpoint of biological resources, since
the size of the area to be impacted by grading could be reduced. Under
this alternative, the expectation is that nearly 50 or more acres of
native vegetation that would be impacted by the project could be set
aside for conservation purposes.
Noise
This alternative would not result in a significant departure from the
anticipated noise impacts of the project as proposed. However, because
square footage reductions are proposed within the project boundary for
Lot 3 (Phase I) , some (though not a measurable) reduction in noise
generation would result from decreased traffic volumes. The noise
impacts of the alternative would probably be less significant than the
impacts anticipated under the project as proposed; however, construction
noises are anticipated to be approximately equal for the proposed and
revised projects. Regardless of what project is constructed, Conditions
of Approval have been proposed that would reduce the potentially long-
term significant impacts of the project (associated with impulse noise)
to insignificant levels. The revised project and the originally proposed
project would result in similar noise impacts.
Fire Hazards
While the decrease in square footage of building area that would result
from this alternative may decrease fire risks marginally, essentially
this alternative would result in very similar fire risks characteristic
of the project as proposed. With the addition of native habitat buffers
between the project and residential neighborhoods to the north (by not
developing the flag area of Lot 3), there would be a limited decrease in
wildland- manufacturing facility interface area that could, if properly
managed, somewhat decrease fire potential. Risk of upset conditions
would probably not change appreciably under this alternative. For fire
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hazard issues, the impacts of the proposed project and the revised
project are similar. A substantial number of Conditions of Approval
relative to fire safety and wildland fire prevention (as well as
management of hazardous materials) have been included in the project
conditions. Management of risks related to fire and upset conditions
would not change appreciably for the revised project.
Population, Housing and Jobs:Housing Balance
The impacts of the project and the alternative are not significantly
different than the project for issues related to housing markets,
population growth, and job formation potential. The originally
proposed and revised projects would both assist in rectifying the present
imbalance between job and housing availability in the City. Both the
original and revised projects would substantially improve the present
jobs:housing balance.
Transportation and Circulation
The alternative would result in a reduction in off -site street system
impacts attributable to the diminished square footage available for
manufacturing use during Phase I development; further, given the
relatively low probability of solving critical access and geotechnical
issues for the remainder of Lot 3 in an economic manner, full buildout
of the project as originally proposed is a low probability outcome.
Therefore, the proposed traffic and transportation improvements,
particularly at the SR -23 /New Los Angeles Avenue interchange, would more
than offset any long -term cumulative impacts that may result from the
project. The basic structure of the proposed modifications for the SR-
23 /New Los Angeles Avenue interchange would not change appreciably under
this alternative. However, the decrease in fees associated with a
smaller project could contribute to funding shortfalls for various
regional improvements to be funded by the proposed City -wide Traffic
Mitigation fee and Los Angeles Avenue Area of Contribution fee. From a
transportation planning and impact standpoint, this alternative is
superior to the project as proposed. Since a reduction is likely to
occur in the total number of trips associated with development of
manufacturing square footage, the off -site impacts of the project on the
surrounding street system (road capacity and intersection impacts) would
decrease slightly over what is anticipated for the project.
Public Services and Private Utilities
Since a decrease is likely to occur in the square footage of the project
as a whole, the impacts of the alternative would be reduced
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correspondingly for this alternative but only slightly compared to the
project as proposed. Basic public service and private utility impacts
however would not change significantly; all required extensions would
still need to be made for both the project and the alternative and all
service providers would need to serve either project. These impacts are
typically population dependent and the basic working population to be
situated on the property would be reasonably similar for both
undertakings. Therefore, the amended project would not result in a
significant decrease in demand on public services.
Aesthetics, Visual Resources, Community Design
From the standpoint of community design and project layout in relation
to environmental constraints, this alternative could very significantly
reduce hazard constraints, diminish the disruption of present open space,
and improve the appearance of the project in two ways: by providing more
open space and by diminishing the number and size of proposed structures.
The most significant change would result from deletion of Lot 4 and
concentration of uses on Lot 3. Of greatest significance from an
aesthetic standpoint, the amended project would result in the short and
long -term preservation of open space on the reconfigured Lot 3, probable
elimination of the need for a bridge over the Arroyo Simi, and the
probable elimination of an unsightly access road across a 100 -foot fill
area facing the Campus Park and Virginia Colony residential areas. For
these and other reasons, this alternative is considered an improvement
in community planning compared to the project as proposed.
Cultural Resource and Paleontological Impacts
Both the project and the alternatives would result in large areas of
rough grading (more than 1 million yards for both options) and therefore
impacts to Paleontological formations on the property are likely to be
similar under both options. In addition, the cultural resource site to
be impacted by the development is situated in a location that would need
to be removed, recompacted and graded for two reasons: no access road
system can be developed without impacting the site (given its close
proximity to New Los Angeles Avenue) and the area within Lot 2 (adjacent
to the site) would require an alluvial removal to create a developable
building pad).
In summary, the revised project alternative decreases impacts in nearly
all categories of significant environmental effect and in several other
categories the revised and originally proposed projects would result in
comparable effects. From the standpoint of urban form, hillside
protection, community planning, environmental protection, hazard
reduction, and project density perception, the amended project is
superior to the project as proposed. The amended project basically meets
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all of the applicant's Phase I development objectives for manufacturing
expansion and commercial development (lot and development right sale to
assist in defraying the costs of manufacturing facility development).
c:\I-m\sdi\ceqa.fnd 54 8 -14 -96
Attachment C
Resolution Number 96-
STATEMENT OF OVERRIDING CONSIDERATIONS FOR
THE SPECIAL DEVICES, INC., PROJECT (GENERAL
PLAN NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING
TENTATIVE MAP NO. 5004, IPD PERMIT NO. 95 -2,
AND DEVELOPMENT AGREEMENT NO. 96 -1)
Legal Requirements
The California Environmental Quality Act (CEQA) section 15093
requires the preparation of a Statement of Overriding Considerations
when the decision of a public agency to approve a project allows the
occurrence of significant effects which are not at least
substantially mitigated. The Final EIR for the Special Devices
Incorporated Project identifies four environmental effects for which
a Statement of Overriding Considerations must be prepared (short
term construction air quality impacts, long term air quality
impacts, cumulative effects on biological resources, and visual
resource impacts). In brief, Overriding Considerations are required
for all significant adverse impacts which cannot be fully mitigated
or avoided. Thresholds of significance for determining if an
environmental effect is adverse or unavoidable are defined in CEQA,
City Guidelines implementing CEQA, and in County thresholds and
standards related to regional environmental effects for which the
County is the Responsible or Trustee Agency (e.g., air quality,
water quality).
Impacts for Which Overriding Considerations are Required
Based on the information contained in the Final EIR, significant
unavoidable environmental effects requiring a Statement of
Overriding Consideration were identified for the following impacts:
(1) Construction related air quality effects, including the
dispersion of particulate matter resulting from mass grading and the
generation of nitrogen oxides, sulfur dioxide, and other ozone
precursors from vehicles to be used in this grading program, would
generate significant amounts of pollution in the regional airshed.
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(2) The long -term vehicle emissions related to the occupation and
use of both manufacturing and commercial facilities would contribute
to a long -term decline in the quality of the regional airshed. Even
with the imposition of mitigation measures, from a cumulative
perspective, the project's effects cannot be successfully offset;
moreover, the long -term emissions predicted for the development
would exceed air quality thresholds established by the Air Pollution
Control District, the regional agency assigned the responsibility
for assuring proper management of the airshed.
(3) Project buildout would result in unavoidable impacts to about
40 acres of various sensitive vegetation communities and associated
protected faunal species; construction may also indirectly impact
several acres of riparian habitat along the Arroyo Simi. These
resources all satisfy criteria used to define significant rare or
sensitive habitats. Furthermore, a substantial portion of the land
around the perimeter of the project would need to be cleared and
modified for fire protection purposes, further diminishing the
potential for retaining existing native plant communities as viable
ecologic units. Implementation of the project is estimated to
impact a total of between 40 and 60 acres of habitat including
substantial impacts to oak woodlands. The adverse effects resulting
from modifications to sensitive habitats and plant communities will
be unavoidably significant. Implementation of the project will
contribute significantly to the gradual, potentially inevitable,
elimination of several plant communities as an existing, viable
habitat. Loss of sensitive faunal species associated with several
types of on -site vegetation communities is also anticipated.
(4) The visual resource effects related to the construction of the
proposed project will result in permanent modifications to the
landforms within the project boundary. The project will involve
substantial mass grading which will result in filling a canyon
adjacent to the Arroyo Simi, elimination of a prominent landform
central to the property, and modifications to the landscape along
prominent view corridors in the eastern part of the City. Although
revegetation of the graded area is planned, the scope of grading
will irreversibly modify the existing natural environment and open
space within and adjacent to the project boundary.
Overriding Considerations are defined as those features of a project
that rationalize project approval despite the inability to develop
sufficient, feasible environmental mitigation measures.
The Overriding Considerations for the Special Devices Incorporated
Project are:
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(1) The proposed project will permit the construction of one
manufacturing and two commercial properties which will provide
needed employment for City residents. The City presently does not
have a suitable balance between residential and employment
opportunities, a deficiency that the project will, at least in part,
remedy. Provisions in the Development Agreement for the SDI project
require that substantial local employment of Moorpark residents be
achieved during the first several years of operation. Employment
will also be generated once commercial projects are developed on the
two proposed commercial lots.
At this time, the City's employment base is decidedly non -local and
residents often must travel considerable distances to avail
themselves of employment opportunities. The availability of
increased employment opportunities within the City will reduce
regional air quality impacts by shortening commute times and
distances to employment locations situated outside of the City.
(2) The project will involve the dedication of a very substantial
amount of land to conservation purposes. More than 300 acres of
land will be placed in permanent Conservation Easement (with
perpetual dedication of development rights). Several of the most
significant, rare, and unique resources within the property boundary
will be within the boundary of the Conservation Easement.
Protection of both cultural resources and rare plants and associated
special interest fauna will be achieved by the creation of the
Conservation Easement.
(3) A major capacity increasing improvement of the State Route
23 /New Los Angeles Avenue interchange will be funded by the project
applicant. This important improvement will provide an improved
interchange ramp design which will accommodate future development
within the City. Once implemented, the reconstruction of this
interchange will provide enough future capacity that no additional
improvements to this interchange will be required to accommodate
General Plan buildout within the City. In addition, portions of the
State Route 23 /New Los Angeles Avenue offramp will be landscaped and
upgraded visually to provide an attractive entrance to the City.
(4) The restoration of the landforms within the project boundary
(after mass grading) will involve substantial replacement planting
with native species, restoration of riparian vegetation adjacent to
the Arroyo Simi, and substantial restoration and enhancement of oak
woodlands situated above the Arroyo Simi along the northern
perimeter of the project boundary. This restoration program will
contribute to the long -term viability of oak woodlands within the
City. Presently, due largely to historic grazing activities, the
c: \1- m \sdi \cega.soc 3 8 -14 -96
oak woodlands within the project boundary are not sufficiently self -
propagating and the proposed restoration program and the elimination
of grazing will contribute to the ultimate improved viability of oak
woodland habitat along the Arroyo Simi.
(5) The project will provide important economic and job formation
opportunities for both short -term employment in the construction
trades and long -term employment in the services and maintenance
sectors of the local economy. The balance between jobs and the
housing in the City reflects a shortage of employment opportunities,
particularly for service and maintenance sector employees, and the
approval of the project will contribute to a gradual reversal of
this trend. The project will also create indirect financial
benefits to existing businesses in the City through the increased
use of local services and facilities.
(6) The approval of the project will provide the opportunity for
a type of retail development that is currently unavailable in the
City (freeway - oriented commercial uses).
(7) The overall economic benefits of the project for the City will
involve a source of long -term revenue that will enhance the City's
General Fund. Fewer methods exist for providing General Fund
revenue now than in the past and the provision of an income stream
to the City resulting from the anticipated sales tax revenues
associated with freeway commercial oriented development will make
a valuable contribution to funding important capital improvements
and /or services that would otherwise be unavailable to the City's
residents.
(8) Comprehensive mitigation measures have been developed for
impacts that were identified in the Final EIR the project. All
physically and technically feasible mitigation measures have been
imposed on the project.
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4 8 -14 -96
ATTACHMENT 2
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 95 -1, VESTING TENTATIVE MAP NO.
5004, AND INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO.
95 -2, FOR THE SPECIAL DEVICES, INC. PROJECT
WHEREAS, at a duly noticed public hearing on August 14, 1996, and
a continued meeting on August 21, 1996, the City Council considered the
application filed by Special Devices, Inc., for General Plan Amendment
No. 95 -1, Zone Change No. 95 -3, Vesting Tentative Tract Map No. 5004, and
Industrial Planned Development (IPD) Permit No. 95 -2 for a 297.92 -acre
site located within the Moorpark Area of Interest in Ventura County and
the City of Moorpark, directly east of the State Route 23 and New Los
Angeles Avenue interchange, Assessor Parcel Numbers 500 - 350 -145 and 513-
050 -085; and
WHEREAS, the Special Devices, Inc., Project is more specifically
described as follows:
General Plan Amendment No. 95 -1 - Amendment of Exhibit 3 of the
General Plan Land Use Element to revise the General Plan land use
designation for Vesting Tentative Map No. 5004 Lots 1 and 2 (11.52
acres) from Open Space 2 to General Commercial, for Lot 3 (39.86
acres) from Open Space 2 to Medium Industrial, for Lot 4 (10 acres)
from Floodway and Open Space 2 to Open Space 1, for Lot C (15.66
acres) from Open Space 2 to Open Space 1, and for the portion of Lot
A located in the County of Ventura (56.84 acres), to designate that
area as Open Space 2 (reference Attachment A for exhibit showing
revised General Plan land use designations) ;
Zone Change No. 95 -3 - Requires adoption of an ordinance to revise
the project site zoning for Vesting Tentative Map No. 5004 Lots 1
and 2 (11.52 acres) from Open Space (OS) -40 Acres to Commercial
Planned Development (CPD) , for Lot 3 (39.86 acres) from OS -40 Acres
to Limited Industrial (M -2), for Lot 4 (10 acres) from OS -40 Acres
to OS, for Lot B (22.95 acres) from OS -40 Acres to OS, for Lot C
(15.66 acres) from OS -40 Acres to OS, for Lot D (11.98 acres) from
OS -40 Acres to OS, and for the portion of Lot A located in the
County (56.84 acres), to pre -zone that area as OS -40 Acres;
Vesting Tentative Map No. 5004 - Subdivision of the 297.92 -acre
project site into eight lots, consisting of Lots 1 through 4 and
Lots A through D;
c: \1- m \sdi \cc- proj.res 8 -16 -96
Resolution No. 96-
Page 2
Industrial Planned Development Permit No. 95 -2 - An IPD Permit has
been requested for Lot 3 to allow construction of an initial
manufacturing facility totaling 131,200 square feet; and
WHEREAS, at a duly noticed public hearing held on June 10, 1996, and
continued public hearings on July 1, and July 15, 1996, the Planning
Commission considered the application filed by Special Devices, Inc.,
received and considered public testimony from all those wishing to
testify, closed the public hearing for the project and adopted Resolution
No. 96 -322 recommending approval of the Project on July 15, 1996; and
WHEREAS, the City Council on August 21, 1996, certified a Final
Environmental Impact Report (EIR) for the SDI Project as having been
completed in accordance with the California Environmental Quality Act
(CEQA), the CEQA Guidelines, and the City's CEQA Procedures, and adopted
a Mitigation Monitoring Program, EIR Findings, and a Statement of
Overriding Considerations; and
WHEREAS, the City Council after review and consideration of the
information contained in Planning Commission Resolution No. 96 -322, staff
reports, certified Final Environmental Impact Report, Mitigation
Monitoring Program, EIR Findings, Statement of Overriding Considerations,
and public and staff testimony, reached its decision on the matter on
August 21, 1996;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby makes the following findings:
General Plan Amendment Finding
The approval of General Plan Amendment No. 95 -1 is consistent with
the goals and policies of the Land Use Element, as well as
consistent with the other elements of the City's General Plan.
Zone Change Finding
Subject to approval of General Plan Amendment No. 95 -1, the approval
of Zone Change No. 95 -1 is consistent with the City's General Plan.
Subdivision Map Act Findings
The City Council finds that the Tentative Vesting Map, with
imposition of the attached conditions of approval, meets the
requirements of the Government Code Sections 66412.3, 66473.1,
c: \1- m \sdi \cc- proj.res
8 -16 -96
Resolution No. 96-
Page 3
66473.5, 66474, 66474.6, and 66478.1 et sea, and the City's
Subdivision Ordinance, as follows:
1. The proposed Vesting Tentative Map is consistent with the
intent and provisions of the City's General Plan.
2. The design and improvements of the proposed subdivision are
consistent with the General Plan.
3. The project site is physically suitable for the type of
development proposed.
4. The project site is physically suitable for the proposed
density of development.
S. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their
habitat, with incorporation of EIR mitigation measures.
(Adoption of a Statement of Overriding Considerations is
required.)
6. The design of the subdivision and the type of improvements are
not likely to cause serious public health problems.
7. The design of the subdivision and the type of improvements
would not conflict with easements, acquired by the public at
large, for access through or use of property within the
proposed subdivision.
8. Discharge of waste from the proposed subdivision into the
existing community sewer system would not result in violation
of existing water control requirements under California Water
Code Section 13000 et seq.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake or
reservoir.
10. The design of the subdivision provides to the extent feasible,
future passive or natural heating or cooling opportunities.
11. The effect of this action upon the housing needs of the region
has been considered and balanced against the public service
needs of City residents and available fiscal and environmental
resources.
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8 -16 -96
Resolution No. 96-
Page 4
Industrial Planned Development Permit Findings
1. The proposed industrial project is consistent with the intent
and provisions of the City's General Plan and Zoning Code.
2. The proposed industrial project is compatible with the
character of surrounding development.
3. The proposed industrial project would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses.
4. The proposed industrial project would not be detrimental to
the public interest, health, safety, convenience, or welfare.
5. The proposed industrial project is compatible with existing
and planned land uses in the general area where the
development is to be located.
G. The proposed industrial project is compatible with the scale,
visual character and design of the surrounding properties, is
designed so as to enhance the physical and visual quality of
the community, the proposed structures will have design
features which provide visual relief, and open space has been
incorporated to provide separation between land uses of
conflicting character.
7. The Planning Director has recommended approval of the proposed
maximum building height of 41 feet.
SECTION 2. The City Council hereby approves General Plan Amendment
No. 95 -1, to Exhibit 3 of the General Plan Land Use Element to revise the
General Plan land use designation for Vesting Tentative Map No. 5004 Lots
1 and 2 (11.52 acres) from Open Space 2 to General Commercial, for Lot
3 (39.86 acres) from Open Space 2 to Medium Industrial, for Lot 4 (10
acres) from Floodway and Open Space 2 to Open Space 1, for Lot C (15.66
acres) from Open Space 2 to Open Space 1, and for the portion of Lot A
located in the County of Ventura (56.84 acres) that is proposed for a
Sphere of Influence amendment and annexation from the County, to show a
land use designation of Open Space 2 (reference Attachment A for exhibit
showing revised General Plan land use designations).
SECTION 2. The City Council hereby conditionally approves Vesting
Tentative Map No. 5004, subject to compliance with all of the conditions
attached hereto as Attachment B, including mitigation measures identified
in the adopted Mitigation Monitoring Program.
c: \1- m \sdi \cc- proj.res 8 -16 -96
Resolution No. 96-
Page 5
SECTION 3. The City Council hereby conditionally approves IPD
Permit No. 95 -2, subject to compliance with all of the conditions
attached hereto as Attachment C, including mitigation measures identified
in the adopted Mitigation Monitoring Program.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF AUGUST, 1996.
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Hare, City Clerk
Attachments:
A. Exhibit Showing Revised General Plan Land Use Designations
B. Vesting Tentative Map No. 5004 Conditions of Approval
C. IPD Permit No. 95 -2 Conditions of Approval
c: \1- m \sdi \cc- proj.res 8 -16 -96
OS -2 TO C -2
General Plan Amendment No. 95 -1 - Amendment of Exhibit 3 of the
General Plan Land Use Element to revise the General Plan land use
designation for Vesting Tentative Map No. 5004 Lots 1 and 2 (11.52
acres) from Open Space 2 to General Commercial, for Lot 3 (39.86
acres) from Open Space 2 to Medium Industrial, for Lot 4 (10 acres)
from Floodway and Open Space 2 to Open Space 1, for Lot C (15.66
acres) from Open Space 2 to Open Space 1, and for the portion of Lot
A located in the County of Ventura (56.84 acres) , to designate that
area as Open Space 2.
Attachment A
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GENERAL PLAN AMENDMENT 95 -1 (SDI)
RESOLUTION N0. 96-
Attachment B
VESTING TENTP'IVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
VESTING TENTATIVE MAP NO. 5004
CONDITIONS OF APPROVAL
(Mitigation measures are identified by italic type in the following conditions.)
I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
Permitted Uses
1. Vesting Tentative Map No. 5004 is approved for the land and project
identified as Special Devices Incorporated: General Plan Amendment No. 95-
1, Zone Change No. 95 -3, and Industrial Planned Development Permit No. 95-
2. The location and design of all site improvements shall be as shown or
described in the application (including technical reports), on the
approved Vesting Tentative Map (Sheets 1 and 2, dated 1 1996) ,
except or unless indicated otherwise herein in the following conditions,
including mitigation measures.
No development, including any grading, building, or other use, shall be
allowed for the northeast portion of Lot 3 (flag area) until additional
environmental review has been completed and a new Industrial Planned
Development (IPD) Permit has been approved by the City.
City Regulations
2. The conditions of approval of Vesting Tentative Map 5004 and all
provisions of the Subdivision Map Act, City of Moorpark Zoning Code and
adopted City policies, procedures, and standards supersede all conflicting
notations, specifications, dimensions, typical sections and the like which
may be shown on said map.
Other Acrency Recrulations
3. All applicable requirements of any law or agency of the State, County, and
any other governmental entity shall be met, and all such requirements and
enactments shall, by reference, become conditions of this entitlement.
4. No condition of this entitlement shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules, standards, or guidelines apply, the stricter standard
shall take precedence.
Acceptance of Conditions
5. Recordation of this subdivision shall be deemed to be acceptance by the
Subdivider, and his heirs, assigns, and successors of the conditions of
this Map.
Reference Conditions of Approval on Final Ma
DST: c: \1-M\sdi\cc-cond.vtm 1
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
6. A notation which references approved Conditions of Approval shall be
included on all phases of any Final Map in a format acceptable to the
Director of Community Development.
Severability
7. If any of the conditions or limitations of this subdivision are held to be
invalid by a court of competent jurisdiction, that holding shall render
this Vesting Tentative Map null and void at the discretion of the City.
&Miration of Vesting Tentative Map
B. This Tentative Map shall expire three (3) years from the date of its
approval. Upon application of the Subdivider, filed at least 30 -days
prior to the expiration of the conditionally approved Tentative Map, the
City Council may, at its discretion, extend the Tentative Map for a period
or periods not exceeding a total of three (3) years, if there have been
non - significant changes to adjacent land uses and if the Subdivider can
document that due diligence has been extended towards completion of map
recordation during the initial 3 year period of map approval.
Subdivider Defense Costs
9. The Subdivider agrees as a condition of issuance and use of this permit to
defend, indemnify and hold harmless the City and its agents, officers and
employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any
approval by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the IPD Permit, which claim,
action or proceeding is brought within the time period provided therefore
by the Government Code Section 66499.37. The Subdivider will reimburse
the City for any court costs and /or attorney's fees which the City may be
required by the court to pay as a result of any such action. The City
may, at its sole discretion, participate in the defense of any such
action, but such participation shall not relieve permittee of any
obligation under this condition.
Title Report
10. The Subdivider shall submit to the Department of Community Development and
the City Engineer for review and approval a current title report which
clearly states all interested parties and lenders included within the
limits of the subdivision as well as any easements that affect the
subdivision.
Sphere of Influence Amendment and Annexation
11. Prior to Final Map approval, the Subdivider shall process and receive
approval of a Sphere of Influence amendment and annexation, from the Local
Agency Formation Commission (LAFCO), for the approximately 56.84 -acre
DST:c: \1- M \sdi \cc- cond.vtm 2
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
portion of Lot A that is within the unincorporated area of Ventura County.
This requirement shall be waived, if LAFCO determines that the adjustment
to the City's jurisdictional boundary can be made as a correction, without
requiring Sphere of Influence amendment and annexation approvals.
Image Conversion
12. Upon recordation and prior to the first occupancy for each phase, the
Subdivider shall provide to the City an image conversion of Final Map No.
5004 any associated building, grading, landscape, public improvement and
site plans into an optical format acceptable to the City Clerk.
Outstanding City Case Processing Costs
13. The Subdivider shall pay all outstanding City case processing and
environmental impact report related costs, prior to initiation of
condition compliance review for approval of a grading permit, Final Map,
or Zoning Clearance for any phase, and prior to submission of any plans
for Building Inspector or City Engineer plan check.
Zoning Clearance
14. Prior to submittal of construction plans for plan check or initiation of
any grading or other construction activity, a Zoning Clearance shall be
obtained from the Department of Community Development. The request for
Zoning Clearance shall be accompanied by three complete sets of all
applicable construction plans.
Hold Harmless Agreement
15. Prior to Zoning Clearance approval, construction plans may be submitted to
the Building and Safety Department and City Engineer for plan check with
a City approved Hold Harmless Agreement.
Modifications
16. Apr; mar .,.3.r#.ii�it�n3wsr,9,,.;avA3r+
Gxe ..Any ctl ;changes to the Vesting Tentative Map, including but not
limited to phasing, lot sizes or dimensions, street layout, and areas to
be graded, shall require the filing of an application for Modification.
The type of Modification permit shall be determined by the Director of
Community Development pursuant to the criteria established in the Zoning
Code and Subdivision Ordinance.
Vehicle and Municipal Code Enforcement for Private Streets
DST:c: \1- M \sdi \cc- c0nd.vtm 3
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
17. Prior to opening the private streets for public use, the Subdivider shall
request the City to adopt a resolution authorizing enforcement of
applicable provisions of the California Vehicle Code and Moorpark
Municipal Code.
Irrevocable Offer of an Easement for Landscaping Maintenance
18. Prior to Final Map approval for any phase, the Subdivider shall provide an
irrevocable offer of an easement to the City for the purpose of
maintaining all landscaping and related drainage improvements for all
areas adjacent to private roadways and slopes facing State Route 23 that
are required to be landscaped. The Subdivider shall also offer to
dedicate access easements to the City of Moorpark over all private streets
to provide access for maintenance of landscaping and drainage
improvements. Should the Owner's Association fail to maintain the street
and parkway landscaping, including landscaping on all manufactured slope
areas adjacent to private streets and facing State Route 23, and any
associated drainage, in a satisfactory manner, these areas, or portion
thereof, shall be placed, at the City's option, in a City assessment
district. The total cost of formation of an assessment district or
annexation to an existing assessment district and the maintenance provided
by the assessment district for the areas described above, including the
cost of converting irrigation systems or other required work, shall be
borne by the property owners within the entire Vesting Map No. 5004 area,
as determined by the City. The Subdivider shall record a covenant to
inform the purchasers of all of the affected lots of this potential
action.
Conditions, Covenants and Restrictions (CC &R's)
19. Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing
an Owner's Association shall be prepared. The CC &R's for the Owner's
Association shall identify all Common Maintenance Areas within the
boundaries of Vesting Map No. 5004, including maintenance of private
streets, street and parkway landscaping, all manufactured slope areas
adjacent to private streets and facing State Route 23, any slope directly
affecting drainage or street facilities, any common - shared driveways, all
storm drains, and any fencing or walls within common areas.( }'''
CC &R's to Include Applicable Conditions of Approval
20. The CC &R's shall also include all Vesting Tentative Map and IPD Permit
conditions of approval, that have been identified by the Director of
Community Development for inclusion.
Review of Draft CC &R's
21. The draft CC &R's shall be submitted to the Director of Community
Development and the City Attorney for review and approval prior to
DST:c: \1- M \sdi \cc- cond.vtm 4
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
approval of the first phase of the Final Map by the City Council, and the
Subdivider shall be required to pay all costs associated with such review.
All applicable conditions of approval shall be highlighted in the copies
of the CC &R's submitted for City review. Prior to sale of any lots, the
CC &R's shall be recorded. Approval by the City shall not be construed to
mean that the City has any obligation to enforce CC &R's.
Modification of CC &R's
22. The Owner's Association may modify the CC &R's only to the extent that they
do not conflict with the terms of approval of the Vesting Tentative Map
No. 5004, and IPD Permit No. 95 -2. Sixty (60) days notice must be given
to the City of the intent to modify CC &R's. Further, it is the sole
responsibility of the Owner's Association to enforce the CC &R's.
Owner's Association Responsibility for "Common Maintenance Areas"
23. Maintenance responsibility for the "Common Maintenance Areas ", including
but not limited to, the private "A" Street improvements, landscaping
improvements in the parkway, storm drains, any slope directly affecting
drainage, and any other items deemed necessary by the City, shall be
provided by an Owner's Association. The total cost of the maintenance
provided by the Owner's Association shall be borne by the property owners
of Lots 1, 2, and 3 of Vesting Map No. 5004. The Subdivider shall be
responsible for installing all required Common Maintenance Area
improvements and maintaining such Common Maintenance Area improvements, to
the City's specifications and satisfaction, until acceptance by the City
for inclusion in the Owner's Association.
County of Ventura Computer -Aided Mapping System
24. The Final Map, including phased tract maps, shall be submitted in
accordance with County Ordinance No. 3982, entitled "An Ordinance of the
Ventura County Board of Supervisors Requiring New Subdivision Records to
be Included in the County's Computer -Aided Mapping System and Establishing
Related Fees."
Condition Compliance and Environmental Quality Assurance Program Costs
25. Prior to rough grading permit approval, and approval of a Final Map for
any phase, the Subdivider shall submit a deposit for condition compliance
review and mitigation monitoring. The mitigation monitoring program shall
be enforced through implementation of an Environmental Quality Assurance
Program (EQAP) as recommended in the approved mitigation monitoring
program. The EQAP shall be implemented through the City; at the City's
option, contract specialists shall be retained to monitor construction
and mitigation compliance. The Subdivider shall pay to the City 100
percent of all City and consultant costs for condition compliance review
and mitigation monitoring.
Contour Grading
DST:c: \1- M \sdi \cc- cond.vtm 5
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
26. Final fine grading plans must conform with the principles of contour
grading. Manufactured landforms shall be contoured and daylight grading
techniques shall be used to provide a smooth and gradual transition of
graded and natural slopes, while preserving the basic character of the
surrounding ridgelines of the site. Rough and fine grading plans for lots
shall be reviewed for compliance with these principles by the Director of
Community Development and the City Engineer. Also, the grading plans
shall indicate the manner in which the graded slopes shall be blended with
the natural slope of the site.
Aesthetic Treatment of Manufactured Slopes
27. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes on graded slopes shall be used to screen structures and to
soften the visual appearance of the graded slopes.
Temporary Irrigation for Erosion Control Landscaping
28. Temporary irrigation shall be provided for all non - permanent erosion
control landscaping, until it is replaced with permanent irrigation,
unless otherwise approved by the Director of Community Development.
Temporary irrigation must be replaced with permanent irrigation prior to
issuance of a Zoning Clearance for the first building, unless drought
tolerant plants selected do not require permanent irrigation.
Drainage Between Lots
29. Cross lot drainage shall not be allowed; all lots shall drain directly to
an approved drainage system.
Drainage Structures
30. Concrete drainage structures shall be tan colored concrete and, to the
extent possible, shall incorporate natural structure (such as rock
elements) and landscape to reduce their visibility.
Surety for Rough Grading
31. A rough grading permit shall not be approved until: 1) the Final Map has
been recorded; and 2) the City Engineer and the Director of Community
Development approve the acceptance of a Performance Bond to guarantee
implementation of the erosion control plan and completion of the rough
grading; construction of "A" Street and all related improvements including
landscaping; construction of water and sewer line extensions; construction
of all required drainage improvements; and implementation and maintenance
of habitat restoration (as required by the mitigation monitoring program) .
In the case of failure to comply with this condition, the City Council may
by resolution declare the surety forfeited. Upon completion of rough
grading and erosion control plan compliance to the satisfaction of the
City, and following recordation of all phases of the Final Vesting Map,
DST:c: \1- M \sdi \cc- cond.vtm 6
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
the City Council may reduce the amount of the bond; however, the bond must
be kept in full force and effect for a minimum of one year following rough
grading to ensure adequate erosion control and revegetation.
Tree Report
32. Prior to approval of a rough grading permit for the northeast portion of
Lot 3, a Tree Report for that area shall be completed to determine the
health and replacement value for all mature trees and oak trees as
required by the City Municipal Code and to clearly identify the location
of trees that will be impacted and any that can be saved.
Landscaping Requirements
33. Prior to rough grading permit approval, complete landscaping and
irrigation plans (2 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape Architect for the
Common Maintenance Areas and habitat replacement areas.
All landscaping and irrigation plans shall be generally in accordance with
the Ventura County Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval. The Subdivider
shall bear the cost of the landscape plan review, installation of the
landscaping and irrigation system, and of final landscape inspection. All
tree replacement, Common Maintenance Area landscaping, and permanent
erosion control landscaping shall be installed and receive final
inspection prior to issuance of the first occupancy approval.
Planting and irrigation specifications shall be included for all
manufactured slopes over three (3) feet in height, all Common Maintenance
Areas proposed to be maintained by the Owner's Association, and the
habitat restoration areas. The purpose of the landscaping shall be to
control erosion, prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes three (3) feet or
more in height, and replace mature trees lost as a result of construction.
The Landscaping and Irrigation Plans shall include landscaping
specifications, planting details, and design specifications consistent
with the following requirements:
a. Irrigation: Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan. The
Subdivider shall be responsible for maintaining the irrigation
system and all landscaping until such time as an Owner's
Association, assessment district, or similar entity approved by the
City, accepts the responsibility.
b. Tree Report: The information contained in the Final Vesting Map No.
5004 Tree Report, regarding which trees are to be saved or retained
on the site, shall be noted on the landscape plan.
DST:c: \1- M \sdi \cc- cond.vtm 7
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
c. Tree Replacement: The landscape plan shall specify how trees
removed during the rough and fine grading phases of the project will
be replaced in accordance with Municipal Code requirements.
d. Streetscape Elements: The landscape plan shall include the final
design of all sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project limits.
e. Dominant Street Tree: A coordinated tree planting program shall be
developed which will provide a dominant street tree within the
components of the proposed development. This shall be coordinated
with the Oak Woodland Restoration Program and shall use trees
compatible with this restoration.
f. Tree Planting: A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed. Planting shall
be planned to achieve shade and screening in a three (3) to five (5)
year time period. The size of the trees to be planted shall be
subject to approval of the Director of Community Development.
g. Landscaping Near Intersections: Landscaping at site entrances and
exits and at any intersection within the development shall not block
or screen the view of a seated driver from another moving vehicle or
pedestrian.
h. Trees Prohibited Under Street Lights: Landscaping (trees) shall not
be placed directly under any overhead lighting which could cause a
loss of light at ground level.
i. Equipment Screening: Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and /or a wall.
j. Maintenance and Replacement: until one year after the first
occupancy approval, the Subdivider shall be responsible for
maintenance of the Common Maintenance Areas. Prior to Owner's
Association, assessment district, or similar entity's acceptance of
responsibility for the landscaping, the Subdivider shall replace any
dead plants and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the subdivision.
k. Native and /or Drought Tolerant Plantings: The use of native and /or
drought - tolerant shrubs and trees shall be utilized for landscaping
purposes in order to stabilize graded slopes and encourage the
return of some wildlife species displaced from the project site as
a result of grading activities. Any turf plantings shall also be
drought tolerant, low water -using varieties. Parking lot trees and
landscaping should also emphasize native or similar trees and shrubs
to be compatible with slope planting and restoration areas.
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1. Exotic Plants Prohibited: Exotic plants which are known to spread
beyond their original plantings and invade native habitats such as
Pampas Grass, Spanish Broom, and Tamarisk shall not be used.
M. Oak Woodland Restoration: To the degree feasible and permitted by
geotechnical constraints, the northern perimeter of the project
adjacent to the Arroyo Simi shall be designed to provide a 50 -foot
setback from the escarpment above the Arroyo Simi. An oak woodland
restoration zone shall be provided on the edge and side slope of
this re- graded escarpment. The entire areas of visible surface of
the fill slopes proposed along the northern side of the development
shall be planted and screened with native woodland tree species
common in oak woodland habitats. The ridge system demarcating the
northern perimeter of the project shall, to the extent feasible, be
restored to native woodland conditions. Landscaping around the
escarpment system, once it is stabilized after rough grading, shall
emphasize reestablishment of existing native habitat. The
landscaping program around the escarpment boundary shall emphasize
the use of tiered, tree lined buttress fills, which shall be set
back in segments to prevent highly visible buttress or crib walls.
n. Hillside Grading Ordinance Requirements: Landscape elements such as
clustering of trees and shrubs typical of concentration found in
nature, incorporation of rock elements into culverts and downdrains,
and berming and tree massing near the landform crest shall be used
to blend in with the natural landforms and to screen views of the
structures from lower lying areas, consistent with Hillside Grading
Ordinance requirements.
Lot 3 along the western perimeter of the project shall incorporate
the use of a berm and extensive tree and shrub native landscaping to
minimize the visibility of the manufacturing facilities.
Landscaping and Signage at Entranceway
34. The entranceway to the proposed project and driveways for Lots 1, 2, and
3 shall incorporate coordinated landscaping and signage. An orderly and
consistent street tree planting program shall be required from the New Los
Angeles Avenue underpass into the parking area for Lot 3 to guide visitors
to the building entrance. The project entry shall receive enhanced
landscape accent treatments.
T, i e' ogV, Iidf a &hea .€ FtfT C con 4 :'quo4hi. Ij Ea
Construction Noise
35. No exceptions shall be permitted to construction activity limitations in
City Noise Ordinances in effect at the time individual lots of the Vesting
Tentative Map are developed.
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36. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas shall be
set back as far as possible from or otherwise shielded from residential
neighborhoods situated north of the project site across the Arroyo Simi.
Imvulse Noise Associated with Manufacturing Activities
37. All manufacturing processes and testing with sustained noise sources in
excess of 65 dBA shall be contained indoors within the plant facility. No
un- contained detonations shall be permitted. Compliance with this
requirement may be achieved by a variety of means including undergrounding
facilities for impulse tests, providing noise absorbing above ground
structures, or by other means devised by a certified acoustical
consultant. No single event testing shall be exempt from this
requirement. The tolerated noise generation for the project at the
property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and
60 dBA from 10 p.m. to 7 a.m. or CNEL values shall not exceed 65 dBA,
whichever standard is more restrictive. If ambient noise levels exceed
these restrictions due to the proximity of State Route 23, the ambient
noise level shall be the standard that shall not be exceeded at the
property line of Lot 3.
38. The City shall require annual noise monitoring and reporting for any
sustained noise generating activity. The Industrial Planned Development
Permit for any project constructed on Lot 3 shall be subject to this
requirement. If Lots 1 or 2 are converted from anticipated commercial to
manufacturing uses, noise monitoring and reporting requirements shall also
apply to these lots as well. The City shall, in the conditions for the
Industrial Planned Development Permits associated with the project,
reserve the right to require additional noise mitigation if monitoring
data indicates such mitigation is advisable.
Street Lighting Standards
39. The lowest intensity adequate night lighting shall be required within the
private road streetscape; however, at the New Los Angeles Avenue
intersection, brighter lighting complying with County and City
intersection safety standards shall be required.
Asbestos Use Prohibited
40. No asbestos pipe or construction materials shall be used within this
subdivision.
Calleguas Municipal Prater District
41. Prior to approval of each phase of the Final Vesting Map, the Subdivider
shall demonstrate by possession of a District Release from the Calleguas
Municipal Water District that arrangements for payment of the Construction
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August 21, 1996
Charge applicable to the proposed subdivision have been made. The
Subdivider shall comply with Ventura County Waterworks District No. 1
Rules and Regulations, including payment of all applicable fees for
domestic water sources.
Waterworks District No. 1
42. Prior to recordation of any Phase of the Final Vesting Map, an
unconditional availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each lot. Said
letter shall be filed with the Department of Community Development or, if
said Unconditional Availability Letter in a form satisfactory to the City
cannot be obtained from the County Waterworks District No. 1, the
developer shall execute a Subdivision Sewer Agreement in a form
satisfactory to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until issuance of a
building permit for each lot in the subdivision. Said agreement shall
include language holding the City harmless against damages in the event of
the ultimate lack of adequate water or sewer service.
Cross Connection Control Devices
43. At the time water service connection is made, cross connection control
devices shall be installed on the water system in a manner approved by the
County Waterworks District No. 1.
Television Cable Service
44. Television cable service shall be provided to Lots 1, 2, and 3, consistent
with City cable system requirements. Undergrounding of cable wires is
required and no lines shall be allowed to be extended along the exterior
walls of structures.
Undergroundina of utilities
45. Prior to approval of any phase of the Final Vesting Map, the Subdivider
shall post sufficient surety to assure that all proposed utility lines
designed to serve the proposed project, both within and immediately
adjacent to the project site, shall be placed underground to the nearest
off -site utility pole. All existing utilities shall also be undergrounded
to the nearest off -site utility pole with the exception of 66 KV or larger
power lines. This requirement for undergrounding includes all above-
ground power poles on the project site. The Subdivider shall indicate in
writing how this condition will be satisfied.
Declaration of Public Nuisance
46. The continued maintenance of the Common Maintenance Areas shall be subject
to periodic inspection by the City. The Subdivider or responsible Owner's
Association, or similar maintenance entity, shall be required to remedy
any defects in landscape maintenance, as indicated in writing by the
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City, within five (5) days after notification. The Director of Community
Development may declare a development project or individual property that
is not in compliance with the Conditions of Approval, or for some other
just cause, a "public nuisance ". The Subdivider, Owner's Association, or
each individual property owner, as applicable, shall be liable to the City
for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of
Approval or applicable codes. The City may enact special assessment
proceedings against the parcel of land upon which the nuisance existed to
pay all City costs related to abatement of the nuisance (Municipal Code
Section 1.12.080).
Biological Resource Preservation
47. Prior to initiation of rough grading or approval of the Final vesting Map,
a proposed Habitat Restoration Plan shall be prepared by a qualified
landscape architect with the assistance of a native plant ecologist to
assure compensation for the loss of native habitats that will occur as a
result of project development; this plan shall be reviewed and approved by
the City Director of Community Development prior to issuance of building
permits. The habitat restoration plan shall emphasize the selective use
of native grasses, shrubs, trees, and plants in areas of landscaping
within the project boundary and in the Caltrans interchange improvement
area. The plan shall also require project perimeter planting and
landscaping of selected areas with the native plants common to the native
ecological communities on the site (e.g., Salvia apiana, Salvia
leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum
fasciculatum, Encelia californica, Calochortus catalinae, Calochortus
clavatus, Juncus textilis, Opuntia basilaris, Mucronea californica,
Anemopsis californica).
48. The Subdivider shall fund a program to plant and /or restore acreage equal
to the amount of damaged or destroyed oak woodland. To properly implement
this program, an Oak Woodland Restoration and Reforestation Plan shall be
prepared by a qualified landscape architect and arborist; this plan shall
be reviewed and approved by the City Director of Community Development
prior to issuance of building permits. The precise number of trees,
replanting specifications, tree sizes and locations and related details
shall be enumerated in the plan once a final grading plan is prepared for
the project. The intent of this program is to provide 3:1 replacement of
oak trees that are removed during grading and also replacement of lost
habitat. The Plan shall require the 100 foot fill slope along the
northern perimeter of Lot 3 to be fully restored with oak woodland. The
Subdivider shall be responsible for maintaining the restored oak woodlands
(estimated to be a period of five years) until the native trees and
associated understory plants are successfully established and the City's
Director of Community Development has approved in writing that maintenance
can be discontinued without resulting in plant mortality.
49. Prior to initiation of rough grading or approval of the Final Map, the
site plan shall be revised, to the extent feasible, to provide for
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preservation of riparian habitats situated on the north side of the
property bordering the Arroyo Simi and floodway easement area. In
addition, a riparian restoration and enhancement area shall be set aside
within the portion of Lot 4 that is situated inside the 100 year flood
limit line.
50. Native plants shall be used in the restoration of areas disturbed by the
construction of the project. The City and Ventura County Fire Protection
District shall monitor the use of native plants through review and
approval of all project landscape plans. Native plants acceptable to the
County Fire Protection District shall be used in fuel modification zones.
To facilitate recovery of native plants in non -fuel management areas,
topsoil shall be cleared, removed, stockpiled, and then, at the conclusion
of grading, redistributed on cut and fill slopes. Replaced topsoil shall
be stabilized to prevent erosion.
51. No Zoning Clearance shall be issued for construction on Lots 1, 2, and 3
of the Vesting Map, until any open space easements for Lots A, B, and C
have been transferred, dedicated or otherwise secured from the
Applicant /Developer. verification of Open Space or Conservation Easement
dedications shall be provided with the application for Zoning Clearance.
No recordation of any-lots shall occur until the completion of Caltrans
right -of -way land exchanges have been documented (if such exchanges are
still a component of the Subdivider's program for land acquisition and
transfer). Evidence of the successful exchange of right -of -way shall be
provided in the form of recorded easement or ownership documents prior to
the approval or recordation of any Phase of the Vesting Tentative Map.
52. The development or physical improvement of Lot A is prohibited. This lot
may be conveyed to an appropriate public or land conservation entity at
the developer's /Subdivider's discretion or the lot may be held in fee by
the Subdivider. An irrevocable dedication of all development,
agricultural, grazing, mineral, and extraction rights and a Conservation
or Open Space Easement prohibiting all forms of development (other than
minor drainage control or conveyance devices) shall be placed on this lot
at the time of recordation. Further, at the time of recordation, a note
shall also be made on the Final Map that future development is
unconditionally prohibited on Lot A (with the noted exceptions).
53. Lot B shall either (1) be retained in applicant ownership, (2) conveyed
either to the City of Moorpark or (3) conveyed to the Ventura County Flood
Control District with deed restrictions prohibiting the construction of
environmentally destructive drainage conveyance or management devices. At
the time of recordation, a note shall be made on the Final Map that future
development is unconditionally prohibited on Lot B.
54. The development or physical improvement of Lot C shall be prohibited by
deed restriction with the exception of the installation drainage
conveyance devices. An irrevocable dedication of all development rights
and deed restriction prohibiting all forms of development (other than
minor drainage control or conveyance devices and necessary environmental
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restoration) shall be placed on this lot at the time of recordation.
Further, at the time of recordation, a note shall be made on the Final Map
that future development is unconditionally prohibited on Lot C (with the
noted exceptions).
55. An updated tree report shall be prepared once the required final
geotechnical analysis of the project is complete and final site design and
grading evaluation has been completed. Any additional trees to be
impacted by the project, not included in the original assessment, shall be
incorporated into the tree report mitigation statistics (replacement
value, etc.). To the degree feasible, mature trees and native oak trees
located at the margins of grading activity, shall be preserved. As
required by City Municipal Code, the value of all mature trees and oak
trees to be removed as a result of project grading and construction shall
be applied to upgrading the size of tree plantings associated with the
project. The required Habitat Restoration Plan shall identify the
appraisal value of native oak trees and mature trees to be removed and the
upgrading of size of tree plantings proposed in compliance with City
Municipal Code requirements.
56. Prior to approval of the Final Map and /or issuance of rough grading
permits, the two stands of Lyon's Pentachaeta, located on Lot A, shall be
precisely mapped and preserved. The Subdivider shall fund all City costs,
including administration and overhead to monitor the mapped sensitive
habitat areas during construction.
57. Prior to issuance of building permits for either commercial or
manufacturing facilities, the removal and modification of habitat within
and adjacent to the riparian corridor shall be compensated by the
restoration of Valley Oak Woodland and native riparian tree canopy within
the 100 year flood limit line of Lot 4 adjacent to the Arroyo Simi.
Mitigation shall require successful establishment of the following species
and plant quantities:
species Ouanti ty
Populus fremontii (Cottonwood) 10
Alnus rhombifolia (Alder) 8
Acer negundo Subsp. (Box Elder) 8
Platanus racemosa (Sycamore) 20
Sambucus mexicana (Elderberry) 10
Juglans californicus (Walnut) 10
Quercus lobata (Valley Oak) 20
Quercus agrifolia (Live Oak) 20
Trees shall at a minimum be 5 gallon container specimens (except for
willows which can be 1 gallon in size) or bare root at the time of
planting with a height of 7 feet from the root crown to the top branch.
A long term supply of fresh (or reclaimed) water shall be provided to
assure the perpetuity of the plants. Adequate root guard protection shall
be provided to reduce mortality from rodent activity. Department of Fish
and Game 1603 Compliance procedures shall govern the implementation of
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this restoration program and a permit shall be obtained from this agency
prior to initiating rough grading activities. Restoration areas shall be
incorporated into the project Habitat Management Plan.
58. SDI shall cooperate with any public agency sponsored habitat restoration
and /or enhancement program for the Arroyo Simi, including but not limited
to removal of the giant reed, Arundo donax, by allowing access to and
along the Arroyo Simi.
59. Prior to the first occupancy approval, perimeter fencing shall be provided
in areas where employees or visitors could obtain access to surrounding
conservation easement lands and maintenance areas which can be used for
native plant restoration. No fencing that is likely to preclude the use of
this property as a wildlife corridor shall be placed around the perimeter
of the property, and all efforts to facilitate the use of this property as
a wildlife corridor shall be made by the Subdivider under the guidance of
the City.
60. Off road vehicle (ORV) use on property within the project boundary shall
be prohibited. Prior to rough grading permit approval, siynage shall be
placed on the property indicating that ORV use is prohibited.
61. The Subdivider shall pay'a one -time $35,000 fee for a sensitive species
mitigation program to be managed by the City. The purposes of this
program include: (1) studying the location and distribution of sensitive
species, (2) restoring marginal habitats within proposed onsite
conservation easement areas or within permanent public open space or
right -of -way, (3) contributing to the purchase of endangered habitats on
private land within the City.
Cultural Resource Mitigation Planning
62. A Cultural Resource Monitoring Program shall be instituted during the
initial vegetation clearance for the project. The purpose of this
monitoring program is to determine if any significant deposits not
identified during the Phase I and II survey exist within the project
boundary. The monitoring shall be limited to the initial vegetation
clearance phase of the grading program. If cultural deposits meeting the
significance criteria defined in CEQA Guidelines are encountered, limited
data recovery shall be conducted. The costs of this data recovery shall
be limited as defined in Appendices to CEQA Guidelines. A Chumash
representative shall be actively involved in the monitoring and any
subsequent phases of the project mitigation program. Participation shall
include monitoring of archaeological investigations, construction
monitoring, and data analysis.
63. Prior to initiation of rough grading, the surface artifacts situated
within archaeology site Ven -898 shall be mapped, recorded, and collected
and this data, together with previously collected Phase II subsurface
testing information, shall be incorporated into a cultural resource
mitigation document for the project. This report shall also address the
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results of any investigation related to monitoring of initial grading
activities.
Paleontological Data Recovery
64. A Paleontological Mitigation Plan outlining procedures for paleontological
data recovery shall be prepared and submitted to the Director of Community
Development for review and approval prior to the initiation of mass
grading. The development and implementation of this program shall include
consultations with the Subdivider's engineering geologist. The monitoring
and data recovery shall be performed by a qualified paleontologist. The
data recovery shall include periodic inspections of excavations and, if
necessary, fossil data recovery shall be performed to recover exposed
fossil material. The costs of this data recovery shall be limited to the
recovery of a reasonable sample of available material. The interpretation
of reasonableness shall rest with the Director of Community Development.
The costs of this Paleontological Mitigation Plan shall not exceed the
financial limitations set forth in CEQA Appendix K Guidelines.
State Department of Fish and Game Notice of Determination Filing Fee
65. Within two days after the City Council adoption of a resolution approving
General Plan Amendment No. 95 -1, Vesting Tentative Map No. 5004, and IPD
Permit No. 95 -2, the Subdivider shall submit to the City of Moorpark a
check for $875.00, payable to the County of Ventura, to comply with
Assembly Bill 3158, for the management and protection of statewide fish
and wildlife trust resources. Pursuant to Public Resources Code section
21089 (b) and Fish and Game Code section 711.4 (c), the project is not
operative, vested or final until the filing fees are paid.
II. CITY ENGINEER CONDITIONS OF APPROVAL
PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
General Reauirements
66. All open space or other similar areas, including those to be commonly
maintained by a maintenance district, property owners association, or
similar mechanism, shall be designated as separate lettered lots on the
final subdivision map.
Grading
67. The Subdivider shall submit to the City of Moorpark for review and
approval, a rough grading plan, consistent with the approved Vesting
Tentative Map, prepared by a Registered Civil Engineer. The Subdivider
shall enter into an agreement with the City of Moorpark to complete the
improvements and shall post sufficient surety guaranteeing completion.
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68. Upon approval of the Final Map, requests for rough grading permits will be
granted in accordance with the approved of Vesting Tentative Map No. 5004,
as required of these conditions and local ordinance.
69. The grading plan shall provide that graded slopes be hydroseeded or
permanently landscaped within thirty (30) days of completion of rough
grading. The City may specify alternate deadlines for completion of all
hydroseeding and /or erosion control measures, based on the grading
schedule and installation of permanent landscaping, as approved by the
City Engineer and Director of Community Development.
70. All off -site import /export operations requiring an excess of 10 total
truck loads and any staged grading, shall require Council approval prior
to the issuance of a grading permit.
71. The grading plan shall indicate the locations of all existing habitat and
other sensitive areas required to be protected during grading of the
proposed development. A note shall appear on the grading plan indicating
where these areas are within the development and where grading or
stockpiling is prohibited.
72. All areas where grading is not allowed shall be clearly shown on the
grading plans (all sheets) . On site haul routes shall be limited to
graded areas only and shall be discussed at the on -site pre - grading
meeting and delineated on the phased grading plan.
73. The Subdivider shall indicate in writing to the City the disposition of
any wells that may exist within the project. If any wells are proposed to
be abandoned, or if they are abandoned and have not been properly sealed,
they must be destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No. 3991 and per Division of Oil and Gas requirements.
Permits for any well reuse (if applicable) shall conform with Reuse Permit
procedures administered by the County water Resources Development
Department.
74. The maximum gradient for any slope shall not exceed a 2:1 slope
inclination except where special circumstances exist and a contoured
appearance can still be provided. In the case of special circumstances
where steeper slopes are warranted, the grading plans will be reviewed by
a certified soils engineer and their recommendations will be subject to
the review and approval of the City Engineer and the Director of Community
Development.
75. New slopes adjacent to roadways and development areas shall be graded in
such a way that a natural contoured appearance in the graded plane shall
be provided. Contour grading of all slopes shall be provided as a design
element of the grading plan to the satisfaction of the Director of
Community Development and the City Engineer.
76. No grading activities shall take place within at least 100 feet along the
perimeter of blue line stream channels before giving proper notification
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to the California Department of Fish and Game, Ventura County Flood
Control District and the U.S. Army Corps of Engineers.
77. All graded slopes shall be planted in a timely manner meeting the approval
of the Director of Community Development with ground cover, trees and
shrubs that will stabilize slopes and minimize erosion. Interim borrow
sites are to be hydroseeded within 30 days of completion of grading, shall
include temporary irrigation until ground cover is established, and shall
minimize rectilinear form.
78. Temporary irrigation, hydroseeding and erosion control measures shall be
implemented on all temporary grading. Temporary grading is defined to be
any grading partially completed and any disturbance of existing natural
conditions due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to remain
unfinished or undisturbed in its altered condition for a period of time
greater than thirty (30) days or the beginning of the rainy season
whichever comes first.
79. All development areas and lots shall be designed so that surface drainage
is directed to street frontages or natural or improved drainage courses as
approved by the City Engineer.
80. Manufactured slopes which are greater than ten (10) feet in height shall
be rounded at the top and at the toe of slope to simulate natural
topography. At the discretion of the Director of Community Development,
side slopes may be exempt from this provision if the height of slope does
not exceed 15 percent of the width of the lot and has a slope height slope
of less than ten (10) feet.
81. The grading plans shall depict the methods used during grading operations
which minimizes, to the extent possible, impacts or disruptions to trees
which must be protected as identified in the approved oak tree or other
applicable tree reports.
a. Grading and /or the placement of structures shall be prohibited
within the dripline or three feet from the trunks of the tree,
whichever is greater. Grading and trenching within this area is to
be prohibited. No fill material shall be placed within this area.
b. No type of surface, either pervious or impervious, shall be placed
within a six -foot radius of tree trunks. These areas shall remain
uncovered and natural.
C. Alternative pervious types of paving such as gravel, redwood chips,
porous brick with sand joints, etc. shall be utilized.
d. Retaining walls shall be used to protect existing grades within the
driplines of trees. However, these walls shall not alter drainage
from around trees.
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e. Drainage shall be directed away from tree trunks to ensure that
water will not stand at the crown. To avoid drowning trees, water
shall not be allowed to pond or collect within the dripline.
During Construction:
i. Trees within a construction area shall be protected from
damage by equipment by installing temporary barriers such as
fencing at the dripline.
ii. Equipment, debris, building materials and /or excess soil shall
not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be routed around
the dripline where possible, as determined by the City
Engineer, and shall include:
(1) When not restricted by building codes only one trench
shall be dug to accommodate all utilities for lots.
Where necessary, the roots shall be carefully pruned by
a specialist in proportion to the total amount of root
zone lost. The boring of a conduit for underground
utilities shall be used where possible.
(2) The operation of heavy construction equipment shall
avoid the driplines of trees where possible.
82. To reduce debris from entering sidewalk and streets, the approved grading
plan shall show a slough wall, approximately 18 inches high, with curb
outlet drainage to be constructed behind the back of the sidewalk where
slopes exceeding 4 feet in height are adjacent to sidewalk.A=1;
'f ,,#M, Y```� .' The Subdivider shall use the City's standard wall
detail during design and construction. All material for the construction
of a wall shall be approved by the City Engineer and Director of Community
Development. No retaining wall greater than 18 inches in height shall be
approved immediately adjacent to a sidewalk. A minimum 2 -foot wide
planting area shall be established between the back of sidewalk and any
retaining or other property walls. All slough walls shall be shown as
part of the approved landscape plan.
Geotechnical /Geology Review
83. The Subdivider shall submit to the City of Moorpark for review and
approval, detailed Geotechnical Engineering and Engineering Geology
Reports certified by a California Registered Civil Engineer and Geologist.
The geotechnical engineering report shall include an investigation with
regard to liquefaction, expansive soils, and seismic safety. The report
shall also discuss the contents of the soils as to the presence or absence
of any hazardous waste or other contaminants in the soils.
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August 21, 1996
Note: Review of the geotechnical engineering and engineering geology
reports, by the City's Geologist and Geotechnical Engineer, shall be
required. The Subdivider shall reimburse the City for all costs including
the City's administrative fee for this review.
84. All recommendations included in the approved geotechnical engineering and
engineering geology reports shall be implemented during project design,
grading, and construction in accordance with the approved Project. The
City Engineer shall review all plans for conformance with the geologist's
and soils engineer's recommendations.
85. Unless subsequent geotechnical studies direct otherwise, landslides shall
be removed and recompacted during grading. Alternatively, in some
instances, landslides or unstable slopes can potentially be stabilized by
constructing buttress or stabilization fill slopes to reduce their
potential for future down slope movement. All cut and fill slopes,
foundations and structures shall be designed and constructed to comply
with Appendix 33 of the 1994 Uniform Building Code (UBC) and applicable
City and /or County Grading Ordinances. Modifications to these standards
shall be permitted only with the written concurrence of the City Engineer
and the City's consulting geologist and geotechnical engineer.
86. Prior to issuance of any grading permits, the Subdivider or subsequent
developers shall contract with an engineering geologist and geotechnical
engineer to study potential liquefaction related effects for Lots 1
through 3, Lots B and C, and the access road linking the northeast portion
of Lot 3 (flag area) with the southeast portion of Lot 3. No structure
shall be placed within 50 feet of any adopted setback for minimizing the
consequences of liquefaction related failure. No development on the flag
area portion of Lot 3 shall be permitted until secondary access is
provided over the Arroyo Simi (or by other routes to the south) and the
access road between the two potential development areas of Lot 3 is
designed and built to standards that will permit the road to remain in
place without significant failure in the event of an earthquake.
87. The Subdivider shall develop a master agreement among all owners of
commercial and manufacturing developments within the tentative map
boundary which shall provide for a Slope Maintenance Program designed to
ensure that risks of slope failure are minimized. This slope maintenance
program shall address recommendations contained in the project
geotechnical report. The Slope Maintenance Program document shall be
reviewed and approved by the City Geologist, City Engineer, and Director
of Community Development prior to issuance of permits for rough grading.
All geological recommendations shall be reviewed and approved by the City
Engineer and the City's consulting geologist and geotechnical engineer.
88. The Subdivider's engineering geologist and geotechnical engineering
consultant shall prepare a written review of detailed grading plans
(1" =40' scale) . This written review is required to assure that all
geotechnical recommendations have been incorporated into project plans and
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specifications. Supplemental recommendations shall be made on a lot by
lot basis as necessary and any additional testing shall be completed prior
to submission of grading plans. The grading plan review by the
Subdividers consultant may also include a recommendation to conduct
additional subsurface investigation, if necessary. At the time of grading
plan submittal, the Subdivider shall submit this written review to the
City Engineer and consulting City geologist and geotechnical engineer for
review and approval.
Storm water Runoff and Flood Control Planning
89. The Subdivider shall submit to the City of Moorpark for review and
approval, drainage plans, hydrologic and hydraulic calculations prepared
by a California Registered Civil Engineer; shall enter into an agreement
with the City of Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all improvements.
The plans shall depict all on -site and off -site drainage structures
required by the City.
The drainage plans and calculations shall indicate the following
conditions before and after development:
a. Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention facilities, and drainage
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins shall carry a 50 -year storm;
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained prior to entering collector or secondary
roadways;
g. Under a 50 -year frequency storm, all streets shall be provided with
a minimum of one travel lane in each direction with a goal that
local, residential and private streets shall have one dry travel
lane available in each direction;
h. Drainage to adjacent parcels shall not be increased or concentrated
by this development. All drainage measures necessary to mitigate
storm water flows shall be provided by the Subdivider;
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i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is in an area of special flood hazard,
the Subdivider shall notify all potential buyers in writing of this
hazard condition. The grading plan shall also show contours
indicating the 50- and 100 -year flood levels.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the
right -of -way are to be maintained by the Homeowners' Association,
City assessment district, or golf course operator, unless otherwise
approved by the City Council.
1. Concrete drainage structures; _0,4ple to shall be tan
I I ,
colored concrete, as approved by the Director of Community
Development, and to the extent possible shall incorporate natural
structure and landscape to reduce their visibility.
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
n. A hydraulic /hydrology study shall be prepared which analyzes the
hydraulic capacity of the drainage system, with and without the
storm drain system for the proposed development. The Subdivider
shall be responsible for obtaining Ventura County Flood Control
District approval of the analysis of this system, as it relates to
the downstream capacity, and shall make any downstream improvements,
required by Ventura County Flood Control and City of Moorpark, to
support the proposed development of Tract No. 5004.
90. The Subdivider shall demonstrate for each building pad within the Final
Vesting Map area that the following restrictions and protections can be
put in place to the satisfaction of the City Engineer:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Standards.
91. The Subdivider shall obtain a permit from the State Water Resources
Control Board for "All storm water discharges associated with a
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construction activity where clearing, grading, and excavation results in
land disturbances of five or more acres."
92. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected
areas whenever any alteration of the watercourse is made. If a FIRM map
revision is necessary, all materials required by FEMA for a map revision
shall be provided to the City Engineer's office. This material will
demonstrate the revised flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA for review
and updating of the National Flood Insurance Program maps. If updates to
the flood zone have been made a conditional letter of map revision shall
be provided to the City prior to issuance of a zone clearance for
occupancy of the first residential unit. The Subdivider will be
responsible for all costs charged by the FEMA and the City's
administrative costs.
93. All structures proposed within the 100 -year flood zone shall be elevated
at least one foot above the 100 -year flood level.
94. The Subdivider shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as conceptually approved in the EIR or subsequently
required studies and approved by the City, shall be delineated on the
final drainage plans. Either on -site retention basins or storm water
acceptance deeds from off -site property owners must be specified. These
facilities must also be acceptable to the Ventura County Flood Control
District.
95. Any lot to lot drainage easements and secondary drainage easements shall
be delineated on the final map. Assurance in the form of an agreement
shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows. The
agreement shall be submitted to the City Engineer for review and
approval, and shall include provisions for the Owner's Association to
maintain any private storm drainage systems not maintained by the City or
a City assessment district, and shall be binding upon future property
owners.
96. All runoff from man made impervious surfaces such as parking lots shall be
filtered through grease /oil traps before discharge into drainage
facilities leading offsite to minimize surface runoff of potential water
contaminants. The contents of the traps shall be disposed per local and
State regulations.
97. Concurrent with submittal of the rough grading plan an Erosion, Debris,
and Sediment Control Plan (EDSCP) shall be submitted to the City for
review and approval by the City Engineer. The design shall include
measures for hydroseeding and temporary irrigation on all graded slopes
within 30 days of completion of grading unless otherwise approved by the
City Engineer. Reclaimed water shall be used for dust control during
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grading, if available from Waterworks District No. 1 at the time of
grading permit approval.
98. To comply with NPDES requirements, the Subdivider shall prepare a Storm
Water Pollution Prevention Plan (SWPPP) for the project. This Plan shall
be reviewed and approved by the City Engineer prior to the issuance of
permits for rough grading. This plan shall define how the receiving water
bodies (the Arroyo Simi) shall be protected from degradation.
The developer for each lot shall be required to file a Notice of Intent to
meet State requirements regarding runoff associated with construction
activity.
99. The EDSCP shall address construction impacts and long term operational
effects on downstream environments and watersheds. This plan shall be
prepared by a California registered Civil Engineer. Proposed management
efforts shall include (but not be limited to) construction of debris and
detention basins as necessary, provisions for the use of vegetative
filtering devices, preparation of detailed erosion /sediment control plans,
appropriate use of temporary debris basins, silt fences, sediment traps
and other erosion control practices. The proposed plan shall also address
all relevant National Pollutant Discharge Elimination System (NPDES)
requirements and recommendations for the use of best available technology.
The EDSCP shall be reviewed and approved by the City Engineer prior to the
issuance of grading permits for rough grading.
100. The EDSCP shall provide that temporary erosion control measures shall be
used during the construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the project Erosion
and Sediment Control Plan. The following water quality assurance
techniques shall be included as necessary:
Minimize removal of existing vegetation.
Provide temporary soil cover, such as hydroseeding, mulch /binder and
erosion control blankets, to protect exposed soil from wind and
rain.
Incorporate silt fencing, berms, and dikes to protect storm drain
inlets and drainage courses.
Rough grade contours to reduce flow concentrations and velocities.
Divert runoff from graded areas, using straw bale, earth, and
sandbag dikes.
Phase grading to minimize soil exposure during the October through
April storm period.
Install sediment traps or basins.
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Maintain and monitor erosion /sediment controls.
The developer (or successors of interest) will ensure that
construction activities include proper management and disposal of
concrete and other masonry wastes, paint solvents and rinse wastes,
vehicle fuel and maintenance wastes (including oil), and other
construction debris. This will minimize exposure of these materials
to storm water and transport to the drainage system.
101. To minimize the water quality effects of permanent erosion sources, the
following design features shall be incorporated into the project grading
plan to the degree determined necessary by the project civil engineer.
The City Engineer shall review and approve the grading plan to verify
implementation of the following water quality enhancement features
including:
drainage swales, subsurface drains, slope drains, storm drain
inlet /outlet protection, and sediment traps;
check dams to reduce flow velocities;
permanent desilting basins;
permanent vegetation, including grass -lined swales;
design of drainage courses and storm drain outlets to reduce scour.
102. Runoff from developed areas shall be diverted to detention basins and then
to underground first flush filters, or other Best Management Practices, as
determined by the City Engineer. These devices shall be designed by a
registered civil engineer as part of the drainage improvement plans for
the project. The basins and traps would require periodic maintenance by
the property owner, commercial and manufacturing property owners
association, or other entities. Provisions shall be made by the
Subdivider to provide for maintenance of these structures in perpetuity
prior to Final Vesting Map approval.„ ' ;3,�, €,;
103. Prior to undertaking any bank stabilization or remedial work in the Arroyo
Simi, the Subdivider shall obtain a Section 404 permit from the Army Corps
of Engineers.
104. Prior to approval of the Final Map, a Master Drainage and Flood Control
Improvement Plan 9� 2- ;.... '.',shall be prepared, which identifies
all required drainage and flood control improvements necessary to
implement the proposed project..,��(
s Plan shall be prepa
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consultation with the Moorpark City Engineer and the Ventura County Flood
Control District to facilitate required interagency coordination. The
Improvement Plan shall identify all major improvements and typical
drainage facilities for all developable lots and all maintenance area lots
included within the Vesting Map boundary. The capacity, location, and
size of all culverts, storm drains, collection devices, energy
dissipaters, and related improvements shall be designed to the
satisfaction of the City Engineer and Flood Control District. Capacity
details for the construction of any on -site detention features shall be
included in the Drainage and Flood Control Improvement Plan. All
necessary permits required to implement the Improvement Plan shall be
obtained from the County Flood Control District prior to City issuance of
a permit for rough grading. The Improvement Plan shall identify what
improvements must be completed coincident with the initiation of rough
grading.
105. If deemed necessary by the City Engineer and Ventura County Flood Control
District, upon review of final grading and /or building plans, a Bank
Protection Plan shall be prepared to address potential direct and indirect
flooding related hazards to Lots B, C, #nd 3 and 4. This Plan shall be
prepared after review and approval of the Master Drainage and Flood
Control Improvement Plan. The bank protection devices incorporated into
this Plan shall, to the degree feasible, emphasize the use of "soft"
surface improvements (such as gabions, erosion control matting, buried
retention features such as subsurface retaining walls, and similar
devices) to minimize modifications to the existing channel. Potential
locations for hazard remediation shall be identified in the Plan.
Modifications to the Plan required by the City Engineer or the Ventura
County Flood Control District shall be made as requested. The Bank
Protection Plan shall also be reviewed by the Department of Fish and Game
for compliance with 1603 Permit requirements. An approved Bank Protection
Plan shall be completed prior to issuance of rough grading permits or any
building permits for commercial or manufacturing structures. Construction
of any required bank protection along the Arroyo Simi must be completed
before issuance of Building Permits or occupancy approval.
106. Sediment yields in the watersheds within the project boundary shall be
computed for pre - development and post - development conditions in accord
with methods outlined in Erosion and Sediment Yields in the Transverse
Ranges, Southern California (United States Geological Survey, 1978).
These estimates of sediment yield shall be completed prior to approval of
the grading plan.
107. Improvements related to sediment management shall be made which will be
sufficient to reduce estimated sediment generation to pre - development
levels. These improvements shall be made in conjunction with commencement
of rough grading operations for the proposed developable lots. The design
of debris or sediment retention facilities shall be reviewed and approved
by the Ventura County Flood Control District and the City Engineer. All
improvements related to debris management shall be completed prior to the
first rainy season to occur after rough grading has commenced.
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Maintenance of any debris or sediment control facilities shall be provided
under an agreement satisfactory to the Flood Control District and the
Moorpark City Engineer. An improvement and maintenance cost agreement
enforceable upon the future owners of the developable lots shall be
required prior to the approval of the Final Vesting Map.
Street Improvement Requirements
108. The Subdivider shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of Moorpark to
complete the improvements; and shall post sufficient surety guaranteeing
the construction of the improvements.
109. The street improvements shall include concrete curb and gutter, sidewalk,
parkways, median(s), street lights, traffic signals, striping and signing,
traffic control, paving, and any necessary transitions to the satisfaction
of the City Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development. The Subdivider
shall dedicate the necessary right -of -way to make all of the required
improvements. Subdivider shall also make an irrevocable offer of
dedication for private street from SR -23 interchange to northeast corner
(flag area) of Lot 3 for possible future acceptance by the City.
SR -23 /Los Angeles Ave. Interchange:
110. Design of the SR -23 /New Los Angeles Avenue interchange and adjacent
improvements shall be constructed to the satisfaction of the City and
Caltrans. The existing interchange shall be improved to provide new
traffic signals at the terminus of the north and southbound SR -23 off
ramps and an access extension of New Los Angeles Avenue easterly into the
SDI project. Widening of the existing road improvements within the
interchange area shall also be accomplished.
All transitions onto New Los Angeles Avenue and into the SDI property
shall be approved by the City Engineer. All plan check and inspection
costs incurred by the City for these interchange improvements and
transitions shall be paid by the developer.
Private Interior Street:
111. The private street, extending from the SR -23 /Los Angeles Avenue
interchange to the Lot 3 driveway, shall be constructed and shall have a
minimum width of 63 feet and conform to cross section "A" as depicted on
Sheet 1 of the approved tentative map. The cross section shall also
provide for a five (5) foot sidewalk adjacent to and extending between
Lots 1 and 3, and a five (5) foot parkway along both sides of the street.
Between Lots 1 and 3, the parkway shall be located between the curb and
the sidewalk. The portion of the private street between the SR -23 /Los
Angeles Avenue interchange to the Lot 3 driveway shall provide two (2)
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travel lanes in each direction. A turnaround built to City of Moorpark
and Fire Protection District approved standards shall also be provided at
the Lot 3 driveway.
112. Any future cul -de -sacs, having a sump drainage configuration, shall
provide alternate escape routes for water without creating any adverse
impact to private property.
113. The secondary access driveway connecting the SR -23 freeway and serving Lot
3 shall be designed to all applicable City of Moorpark and Ventura County
Fire Department standards. All surface treatments and access gate systems
shall also be approved by the City and Fire Protection District.
Other Private Street Improvements:
114. The Subdivider shall include bus stops turueQZs in the final: street-
plans €er —"At and provide for their construction, to
service the project. The final location of the bus stop ', —mot, and
any shelters, shall be approved by the Director of Community Development.
115. Street lights shall be provided per Ventura County Standards and as
approved by the City Engineer.
116. The final design of all sidewalks, barrier walls, streetscape elements,
urban landscaping, and pedestrian paths within the project limits are
subject to the approval of the Director of Community Development.
Other Fees and Improvement Design Requirements
117. Where roads are to be built requiring 4 or more inches of pavement, the
Subdivider shall construct the required street section minus 1 -1/2 inches
of paving as an interim condition until all utility cuts or trenching is
completed and the City Engineer grants approval to accomplish this task.
In areas of longitudinal trenching, paving fabric shall be used to prevent
reflective cracking.
118. In accordance with Business and Professions Code 8771 the street
improvement plans shall, provide for a surveyors statement on the plans,
certifying that all recorded monuments in the construction area have been
located and tied out or will be protected in place during construction.
119. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the Subdivider at his expense.
120. The Subdivider shall submit wall and landscaping plans showing that
provisions have been taken to provide for and maintain proper sight
distances.
121. Special intersection treatment designs involving variations in paving
material, where major pedestrian and vehicular circulation elements
intersect, shall be approved by the Director of Public Works and Director
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of Community Development. Where a special intersection treatment is used,
all maintenance for the special pavement treatment (i.e. stamped concrete,
cobble stone, etc.) shall be borne by the Owners' Association, or similar
entity.
122. The Subdivider shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvements,
signalization, storm drain improvements, sewer improvements, landscaping,
parks, fencing, bridges, etc.) or which require removal (i.e., accessways,
temporary debris basins, etc.) in a form acceptable to the City. The
subdivision surety agreement shall include provisions for all site
improvements within Tract 5004 and other offsite improvements required by
the conditions as described herein and as required by the mitigation
measures of the approved EIR.
123. The Subdivider shall demonstrate legal access to all parcels to the
satisfaction of the City Engineer.
124. If applicable, the Subdivider shall pay all energy costs associated with
public street lighting for a period of one year from the acceptance of the
street improvements.
125. Prior to final map approval, the Subdivider shall pay the Los Angeles
Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar
amount in effect at the time of payment.
If previous payment of this contribution can be demonstrated, to the
City's satisfaction upon concurrence of the City Manager, the Subdivider
would not have to pay the AOC fee.
126. The Subdivider shall execute a covenant running with the land (or pay a
traffic mitigation fee) on the behalf of itself and its successors, heirs,
and assigns agreeing to participate in the formation of an assessment
district or other financing technique including, but not limited to, the
payment of traffic mitigation fees, which the City may implement or adopt,
to fund public street and traffic improvements directly or indirectly
affected by the development.
127. The Subdivider shall make a special contribution to the City representing
the pro -rata share of the costs of the improvements to the following
intersections as follows:
Los Angeles Avenue /Spring Road $24,000
Los Angeles Avenue /Moorpark Avenue $24,000
The actual contributions are based upon the additional traffic added to
each intersection (16 percent) per the approved traffic study for the
industrial development.
Utilities
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128. Utilities, facilities and services for the project area will be extended
and /or constructed in conjunction with any phased development by the
master developer as the project proceeds.
a. The Subdivider will be responsible for the construction of all
onsite and offsite water and sanitary sewer facilities to serve the
project. The Subdivider shall enter into an agreement with Ventura
County Waterworks District No. 1 (VCWWD) to construct the
improvements and the system will be dedicated to VCWWD No. 1 for
maintenance.
b. Provisions for electrical, natural gas, telephone and solid waste
collection services and cable television to the Project Area will be
made prior to development of the project area. All services can be
extended by each respective company to meet future demands of the
Project Area. Natural gas service will be provided by Southern
California Gas. Electric service will be provided by Southern
California Edison. Telephone service will be provided by Pacific
Bell. Solid waste collection will be provided by private companies
as regulated by the City. These services will be phased in
conjunction with development of the project area.
Acquisition of Basements and Right of Wav
129. If any of the improvements which the Subdivider is required to construct
or install is to be constructed or installed upon land in which the
Subdivider does not have title or interest sufficient for such purposes,
the Subdivider shall do all of the following at least 60 days prior to the
filing of any Phase of the Final Map for approval pursuant to Governmental
Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in writing that the
Subdivider wishes the City to acquire an interest in the land which
is sufficient for the purposes as provided in Governmental Code
Section 66462.5.
b. Upon written direction of the City supply the City with (I) a legal
description of the interest to be acquired, (ii) a map or diagram of
the interest to be acquired sufficient to satisfy the requirements
of subdivision (e) of Section 1250.310 of the Code of Civil
procedure, (iii) a current appraisal report prepared by an appraiser
approved by the City which expresses an opinion as to the fair
market value of the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant to
which the Subdivider will pay all of the City's cost (including,
without limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
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Suretv, Bondina. Convevance of Title, and Leaal Actions
130. The Subdivider shall offer to dedicate to the City of Moorpark public
service easements as required by the City.
131. The Subdivider shall offer to dedicate access easements to the City of
Moorpark over all private streets, driveways, and lots to provide access
for all governmental agencies providing public safety, health and welfare.
132. Prior to submittal of the Final Map to the City for review and prior to
approval, the Subdivider shall transmit by certified mail a copy of the
conditionally approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or public utility
that is an easement holder of record. Written compliance shall be
submitted to the City of Moorpark.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
133. Grading may occur during the rainy season from October 15 to April 15 if
approved by the City of Moorpark and subject to installation of debris and
erosion control facilities. Erosion control measures shall be in place
and functional between October 15th and April 15th. Along with the
erosion control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading.
134. Prior to any work being conducted within the State, County, or City right
of way, the Subdivider shall obtain all necessary encroachment permits
from the appropriate Agencies.
135. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering with reclaimed water,
if available
{E paving construction roads and other dust pre -
vention measures. The Subdivider shall submit a dust control plan,
acceptable to the city, concurrently with submittal of the rough (as
opposed to the fine) grading plan. This plan shall include, but is not be
limited to the following measures:
a. Water all site access roads and material excavated or graded on or
off -site to prevent excessive amounts of dust. Watering shall occur
a minimum of at least two times daily, preferably in the late
morning and after the completion of work for the day. Additional
watering for dust control shall occur as directed by the City. The
Dust Control Plan shall indicate the number of water trucks which
will be available for dust control at each phase of grading.
b. Cease all clearing, grading, earth moving, or excavation operations
during periods of high winds (greater than 20 mph averaged over one
hour) or anytime wind speeds are such as to blow excessive dust
offsite. The contractor shall maintain contact with the Air
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Pollution Control District (APCD) meterologist for current
information about average wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Face masks shall be used by all employees involved in grading or
excavation operations during dry periods to reduce inhalation of
dust which may contain the fungus which causes San Joaquin Valley
Fever.
g. The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized to prevent excessive dust generation.
h. Wash off heavy -duty construction vehicles before they leave the
site.
136. After clearing, grading, earth moving, or excavation operations, and
during construction activities, fugitive dust emissions shall be
controlled using the following procedures:
a. Apply non - hazardous chemical stabilizers to all inactive portions of
the construction site. When appropriate, seed exposed surfaces with
a fast - growing, soil- binding plant to reduce wind erosion and its
contribution to local particulate levels.
b. All active portion of the construction site shall be watered
sufficiently to suppress excess dust generation.
137. At all times, dust emissions shall be controlled using the following
procedures:
a. On -site vehicle speed shall be limited to 15 mph.
b. All areas experiencing vehicle traffic (e.g. parking areas, dirt
roads linking different construction areas, etc.) shall be
sufficiently watered or treated with environmentally -safe dust
suppressants as often as necessary to prevent excessive amounts of
dust.
C. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
DST:c: \1- M \sdi \cc- cond.vtm 32
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
wind, vehicular activities, water runoff, etc.) Which may have
accumulated from construction activities.
138. Ozone precursor construction emissions shall be controlled using the
following measures:
a. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
b. During smog season (May through October), the construction period
shall be lengthened to minimize the number of vehicles and equipment
operating at the same time.
C. Construction activities shall utilize new technologies to control
ozone precursor emissions as they become available and feasible.
139. All diesel engines used in construction equipments shall use reformulated
diesel fuel and high pressure injectors.
140. During smog season (May - October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The City, at its discretion, may also limit
construction during Stage II alerts.
141. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
142. Construction activities shall be limited to between the following hours:
a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00
p.m. Saturday. Construction work on Saturdays will require payment of a
premium for City inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent property
owners. No construction work is to be done on Sundays, pursuant to
Section 15.26.010 of the Municipal Code.
143. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas and requiring that "Jake
Brakes" not be used along the haul route within the City. The hauling
plan must be identified as part of the grading plan and approved by the
City Engineer.
144. The Subdivider shall ensure that construction equipment is fitted with
modern sound - reduction equipment.
145. Equipment not in use for more than ten minutes shall be turned off.
146. If any hazardous waste is encountered during the construction of this
project, all work shall be immediately stopped and the Ventura County
Environmental Health Department, the Fire Department, the Sheriff's
Department, and the City Construction Observer shall be notified
DST:c: \1- M \sdi \cc- cond.vtm 3 3
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
immediately. work shall not proceed until clearance has been issued by
all of these agencies.
147. The Subdivider shall utilize all prudent and reasonable measures
(including installation of a 6 -foot high chain link fence around the
construction sites or provision of a full time licensed security guard) to
prevent unauthorized persons from entering the work site at any time and
to protect the public from accidents and injury.
148. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas shall be
set back as far as possible from or otherwise shielded from residential
neighborhoods situated north of the project site across the Arroyo Simi.
149. Equipment engines shall be maintained in good condition and in proper tune
as set forth in manufacturers specifications.
150. During smog season (May through October), the construction period shall be
lengthened to minimize the number of vehicles and equipment operating at
the same time.
151. Construction activities shall utilize new technologies to control ozone
precursor emissions as they become available and feasible.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
152. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
153. The Subdivider shall file for a time extension with the City Engineer's
office at least six weeks in advance of expiration of the agreement to
construct subdivision improvements. The fees required will be in
conformance with the applicable ordinance section.
154. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
155. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
156. All surety guaranteeing the public improvements shall remain in place for
one year following acceptance by the City. Any surety bonds that are in
effect three years after final map approval or issuance of the first
building permit shall be increased an amount equal to or greater than the
consumers price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like manner each
year thereafter.
157. Original "as built" plans will be certified by the Subdivider's civil
engineer and submitted with two sets of blue prints to the City Engineer's
DST:c: \1- M \sdi \cc- cond.vtm 34
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
office. Although grading plans may have been submitted for checking and
construction on sheets larger than 2211 X 3611, they must be resubmitted as
"as builts" in a series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
158. Construction of the SR -23 /Los Angeles Avenue interchange shall be
completed to the satisfaction of the City Of Moorpark and Caltrans.
III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS
159. A licensed security guard is required during the construction phase,
unless a 6 -foot high chain link fence is erected around the construction
site.
160. Construction equipment, tools, etc., shall be properly secured during non-
working hours.
IV. VENTURA COUNTY FIRE PROTECTION DISTRICT CONDITIONS
Fire Hazard Reduction Program
161. Prior to approval of the Final Vesting Map or issuance of building permits
for any lot, the Subdivider shall retain a certified fire management
professional and a landscape architect, with native plant experience, to
prepare a Fire Hazard Reduction Program; this program shall be prepared in
consultation with the Ventura County Fire Protection District and shall be
approved by the Director of Community Development. The certified fire
management professional shall be familiar with the objectives of fuel
management in wildland -urban interface. The program shall apply to all
lands within 200 feet of the developed portion of the project (or as
amended by the certified fire professional). Fuel modification zones are
proposed to be retained in as natural a state as safety and fire
regulations will permit. The zone will be designed by and planted under
the supervision of a landscape architect with expertise in native plant
materials and habitat restoration, with the approval of the Director of
Community Development, to appear as a transition between the built
environment and natural open space.
162. Within the fuel modification zone, native and non - native high -fuel
vegetation will be removed and replaced with low -fuel vegetation. The
height of plant materials will be kept to a minimum. Planting
requirements shall include a combination of trees, shrubs, and
groundcover. Irrigation should not be provided unless necessitated by the
plant materials selected.
DST:c: \1- M \sdi \cc- cond.vtm 35
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
163. The vegetation management requirements of the Fire Hazard Reduction
Program shall be clearly defined. The proposed Owners' Association shall
be responsible for implementing this Program in perpetuity.
Road and Driveway Requirements
164. A minimum street width of 36 feet shall be proved for access roads.
165. A minimum street width of 30 feet shall be provided around all structures.
166. A minimum street width of 30 feet shall be provided where parking lot
access is used as second access.
167. Prior to construction, the Subdivider shall submit two (2) site plans to
the Fire District for approval of the location of fire lanes. The fire
lanes shall be posted in accordance with California Vehicle Code, Section
22500.1 and Article 10 of the Uniform Fire Code prior to occupancy.
168. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 -ton Fire District vehicle shall be installed.
169. The access roadway(s) shall be extended to within 150 feet of all portions
of the exterior walls of the first story of any building.
170. Access roads shall not exceed 15 percent grade.
171. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 611).
172. Two (2) means of ingress /egress shall be provided to the development in
accordance with Fire District Private Road Guidelines. Complete access
shall be submitted prior to approval of this project by the Fire District.
The need for adequate all- weather, second access to Lots 1 and 2 shall be
determined at the time of future submittals for Commercial Planned
Development Permits for Lots 1 and 2. An acceptable primary and dual
access plan for the northeast portion of Lot 3 shall be prepared and
approved by the City Engineer, City Geologist, and County Fire Protection
District prior to approval of a grading permit, IPD Permit, and building
permit for that portion of Lot 3.
173. Prior to construction, the Subdivider shall submit two street improvement
plans to the Fire District for review and approval of all access gates and
the roadway approach to all gates.
174. Any gates to control vehicle access are to be located so as to allow a
vehicle waiting for entrance to be completely off the public roadway. The
method of gate control shall be subject to review by the Fire Protection
Division. A minimum clear open width of 15 feet in each direction shall
be provided. If gates are to be locked, a Knox system shall be installed.
Gate plan details shall be submitted to the Fire District for approval
prior to recordation.
DST:c: \1- M \sdi \cc- c0nd.vtm 36
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
175. Prior to recordation of the Final Map, proposed street names shall be
submitted to the Fire District's Communications Center for review and
comment.
176. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
Fire Hydrant /Fire Flow Requirements
177. Prior to recordation of the Final Map and the issuance of building
permits, the Subdivider shall provide verification that the water purveyor
can provide the required volume /fire flow for the project.
178. Prior to construction, the Subdivider shall submit plans to the Fire
District for approval of the location of hydrants. On plans, show
existing hydrants within 300 feet of the development.
179. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the Moorpark
Waterworks Manual.
a. Each hydrant shall be a 6 -inch wet barrel design and shall have two
4 inch and one 2 % -inch outlet(s).
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so located that
no structure will be farther than 150 feet from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24 inches on
center.
180. The minimum fire flow required shall be determined by the type of building
construction, proximity to other structures, fire walls, and fire
protection devices provided, as specified by the 1994 Uniform Fire Code
Appendix III -A and adopted Amendments. Given the present plans and
information, the required fire flow is approximately 3500 gallons per
minute at 20 psi. The Subdivider shall verify that the water purveyor can
provide the required volume at the project. Prior to Final Map approval,
fire suppression and fire flow requirements for buildout of all
developable lots shall be established by the Ventura County Waterworks
District No. 1 and the Ventura County Fire Protection District. The
Subdivider's Civil Engineer shall determine if the projected fire flows
are adequate, and this determination shall be verified by the City
Engineer and Fire Protection District staff.
Building and Construction Reguirements
DST:c: \1- M \sdi \cc- c0nd.vtm 37
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
181. Address numbers, a minimum of 6 inches (611) high, shall be installed prior
to occupancy, shall be of contrasting color to the background, and shall
be readily visible at night. Where structures are set back more than 250
feet (2501) from the street, larger numbers will be required so that they
are distinguishable from the street. In the event the structure(s) is not
visible from the street, the address number(s) shall be posted adjacent to
the driveway entrance.
182. A plan shall be submitted to the Fire District for review indicating the
method in which buildings are to be identified by address numbers.
183. All buildings shall be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, and approval to the Fire
District.
184. Any structure greater than 5,000 square feet in area and /or 5 miles from
a fire station shall be provided with an automatic fire sprinkler system
in accordance with Ventura County Ordinance #14.
185. Building plans of all A and H occupancies shall be submitted to the Fire
District for plan check.
186. Plans for any fire alarm system shall be submitted to the Fire District
for plan check and approval.
187. Fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet #10. The placement of extinguishers shall
be subject to review by the Fire District.
188. Plans for the installation of an automatic fire extinguishing system (such
as halon or dry chemical) shall be submitted to the Fire District for plan
check.
189. A certification shall be submitted to the Fire District by a qualified
specialist or engineer that the fire safety properties and the facilities
and appurtenances situated thereon meet the prescribed criteria of
recommended good practice.
190. All grass or brush exposing any structure(s) to fire hazards shall be
cleared for a distance of 200 feet from structures, as described in the
EIR.
191. Commercial trash dumpsters and containers with an individual capacity of
1.5 cubic yards or greater shall not be stored or placed within 5 feet of
openings, combustible walls, or combustible roof eave lines unless
protected by approved automatic fire sprinklers. (Uniform Fire Code,
Article 11.)
192. Subdivider shall obtain VCFD Form #126 "Requirements For Construction"
prior to obtaining a building permit for any new structures or additions
to existing structures.
DST:c: \1- M \sdi \cc- cond.vtm 38
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
193. Subdivider shall submit a phasing plan to the Fire Department for review
and approval prior to construction.
194. This application is incomplete. Subdivider shall submit to the Fire
District the following information:
Actual building diagrams, including proposed and future structures,
completed infrastructure including verification of water and actual
street alignments. Provide the type, quantity, storage, and use practices
of the "volatile liquid storage" buildings.
195. During all grading and site clearance activities, earth moving equipment
shall be equipped with spark sarrestors and at least two portable fire
extinguishers per vehicle. All equipment used in the vegetation clearance
phase shall be equipped with spark arrestors and best available fire
safety technology. The vegetation clearance activities shall be
coordinated with and approved by the County Fire Protection District.
Adequate on -site water supplies shall be provided during the grading and
construction period to assure that adequate fire suppression capability is
available.
196. All equipment and material staging activities shall be coordinated with
the County Fire Protection District. Notification of staging locations
and equipment storage areas shall be provided to the District and a
location acceptable to the District shall be designated. Fire prone
construction activities (initial vegetation clearance, hauling and
stockpiling of vegetation, or any construction activity involving
concentrated sources of heat) shall be prohibited during "Santa Ana" wind
conditions.
V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS
197. Prior to issuance of a Zoning Clearance for a building permit, the
applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" and any subsequent additions or
revisions thereto. Ultra low plumbing fixtures are required in all new
construction. Any requirements by the Fire Protection District, that are
greater than Waterworks District No. 1 existing facilities are the
responsibility of the Subdivider.
198. The Subdivider shall be responsible to construct and pay for the required
in -tract and off -site water, and sewer improvements necessary to serve
the property.
199. Subdivider shall be required to pay all applicable water capital
improvement fees and sewer connection fees in accordance with the
District's Rules and Regulations.
200. Prior to approval of the Final Vesting Map, the entire property
encompassed by Tract 5004 shall be annexed into the Waterworks District
No. 1 service area. The pressure zone to which the project will be
assigned shall be identified and the feasibility of providing the required
DST:c: \1- M \sdi \cc- cond.vtm 39
VESTING TENTATIVE MAP NO. 5004
APPLICANT: Special Devices Incorporated
August 21, 1996
domestic, landscaping, and fire flow supplies to all four proposed
developable lots on the Vesting Map without on -site reservoir storage
shall be documented. The infrastructure plan for the project shall be
designed to address the details for the placement of all required water
and sewer conveyance facilities in appropriate alignments. No alignments
shall be approved by the City Engineer that pass through areas with
potential landslide or liquefaction hazards. The Subdivider shall obtain
all necessary right -of -way and easements to install the required
infrastructure in said alignments. The City, at its discretion, may
assist with the acquisition of such easements.
201. Prior to approval of the Final Vesting Map, the proposed infrastructure
plan for the project shall be designed to address unresolved questions
regarding the capacity of and need for on -site storage, provision of
adequate fire flows, the sizing of all required mains and distribution
lines, and related pump station planning. The Subdivider shall obtain all
necessary right -of -way and easements to install the required
infrastructure. The final infrastructure plan shall be approved by
Waterworks District No. 1, by the City Engineer, and by the Fire
Protection District, prior to approval of the Vesting Map.
202. Prior to approval of the Final Vesting Map, the proposed wastewater
treatment conveyance facility plans for the project shall be designed to
address unresolved questions regarding the capacity of adjacent sewer
mainlines, the ability of the project effluent to be accommodated, and the
sizing of all required mains and distribution lines, and related pump
station planning. The Subdivider shall obtain all necessary right -of -way
and easements to install the required infrastructure. The final
wastewater treatment conveyance line plan shall be approved by Waterworks
District No. 1 and by the City Engineer prior to approval of the Final
Vesting Map.
VIII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL
VESTING MAP
203. The approved Mitigation Monitoring Program to be included as Attachment _
to City Council Resolution No. 96- , and all applicable mitigation
measures are requirements of the Vesting Tentative Map, as shown by italic
type in the preceding conditions of approval. in cases where a mitigation
measure is a duplicate of a standard condition of approval, italic type is
not shown. In cases where a mitigation measure has slightly different
wording from a condition of approval, the language in the condition of
approval shall be controlling.
DST:c: \1- M \sdi \cc- cond.vtm 40
Attachment C
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
CONDITIONS OF APPROVAL
(Mitigation measures are identified by italic type in the following conditions.)
I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
Permitted Uses
1. The permit is granted for the land and project as identified on the
entitlement application form and as shown on the approved plot plans and
elevations. The location and design of all site improvements shall be as
shown on the approved plot plans and elevations except or unless indicated
otherwise herein in the following conditions. All proposed uses of these
buildings shall be required to receive a Zoning Clearance from the
Department of Community Development. The Department may determine that
certain uses will require other types of entitlements or environmental
assessment.
No development, including any grading, building, or other use, shall be
allowed for the northeast portion of Lot 3 (flag area) until additional
environmental review has been completed and a new Industrial Planned
Development (IPD) Permit has been approved by the City.
Other Regulations
2. The development is subject to all applicable regulations of the M -2 Zone,
and all requirements and enactments of Federal, State, Ventura County, the
City authorities and any other governmental entities, and all such
requirements and enactments shall, by reference, become conditions of this
permit.
Discontinuance of Use
3• The Industrial Planned Development Permit shall expire when the use for
which it is granted is discontinued for a period of 180 or more
consecutive days.
Use Inauguration
4. That unless the project is inaugurated (building foundation slab in place
and substantial work in progress) not later than two (2) years after this
permit is granted, this permit shall automatically expire on that date.
The Director of Community Development may, at his discretion, grant up to
one (1) additional one (1) year extension for project inauguration if
there have been no changes in the adjacent areas and if
Applicant /Developer can document that he has diligently worked towards
DST: c:\1- M`sdi\cc- cond.ipd 1
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
inauguration of the project during the initial two year period. The
request for extension of this entitlement shall be made in writing, at
least 30 -days prior to the expiration date of the permit.
Other RISMlations
5. No conditions of this entitlement shall be interpreted as permitting or
requiring any violation of law or any unlawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules apply, the stricter ones shall take precedence.
Severability
6. If any of the conditions or limitations of this permit are held to be
invalid by a court of competent jurisdiction, that holding shall render
this Industrial Planned Development Permit null and void at the discretion
of the City.
Applicant /Developer Defense Costs
7. The Applicant /Developer agrees as a condition of issuance and use of this
permit to defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the
City or its agents, officers or employees to attack, set aside, void, or
annul any approval by the City or any of its agencies, departments,
commissions, agents, officers, or employees concerning the IPD Permit,
which claim, action or proceeding is brought within the time period
provided therefore by the Government Code. The Applicant /Developer will
reimburse the City for any court costs and /or attorney's fees which the
City may be required by the court to pay as a result of any such action.
The City may, at its sole discretion, participate in the defense of any
such action, but such participation shall not relieve permittee of any
obligation under this condition.
Ike Conversion
8. Prior to occupancy approval for any building, the Applicant /Developer
shall provide to the City an image conversion of any associated building,
grading, landscape, public improvement and site plans into an optical
format acceptable to the City Clerk.
National Pollutant Discharge Elimination Standards
9. Prior to issuance of a Zoning Clearance for a Building Permit, the
Applicant /Developer must have submitted construction plans which indicate
how the project will comply with the National Pollutant Discharge
Elimination Standards (NPDES).
DST:c: \1- M \sdi \cc- cond.ipd 2
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
Zoning Clearance Prior to Building Permit
10. Prior to approval of construction plans for plan check or initiation of
any construction activity, a Zoning Clearance shall be obtained from the
Department of Community Development. If a Applicant /Developer desires,
construction plans may be submitted to the Building and Safety Department
prior to approval of this Development Permit with a City approved Hold
Harmless Agreement.
Business Registration
11. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the
City.
Change of Ownership Notice
12. No later than ten (10) days after any change of property ownership or
change of lessee(s) or operator(s) of the subject building, there shall be
filed with the Director of Community Development the name(s) and
address (es) of the new owner(s), lessee(s), or operator(s), together with
a letter from any such person(s) acknowledging and agreeing with all
conditions of this permit.
Other Uses
13. If in the future, any use or uses are contemplated on the site differing
from that specified in the Zoning Clearance approved for the occupancy,
either the permittee, owner, or each prospective tenant shall file a
project description prior to the initiation of the use. A review by the
Director of Community Development will be conducted to determine if the
proposed use is compatible with the M -2 Zone and the terms and conditions
of this permit. Said review will be conducted at no charge and an approval
letter sent, unless a minor or major modification to the Planned
Development is required, in which case all applicable fees and procedures
shall apply.
Acceptance of Conditions
14. The permittee's acceptance of this permit and /or commencement of
construction and /or operations under this permit shall be deemed to be
acceptance of all conditions of this permit.
Compliance with Air Pollution Control District (APCD) Trip Reduction Rule
15. The project tenant (employer) is required to comply with any APCD Rule
that requires the employer to develop and implement a trip reduction plan
for employees.
DST: c: \1- M \sdi \cc- cond.ipd 3
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
Air Ouality Education Program
16. The on -site building manager or designee will conduct an annual air
quality education program on -site to alert employees to any new
developments in air quality information. This measure shall be
coordinated through the Air Pollution Control District (APCD).
Occupancy Final Inspection Approval Requirement
17. No Final Inspection approval for occupancy shall be granted until all
required improvements specified in this permit have been completed. The
City may authorize deferral of items such as landscaping, perimeter and
retaining walls, and other improvements not related to grading or required
for public health and safety reasons, subject to the provision of a
faithful performance bond. Said deferred improvements shall be completed
within 120 days of issuance of the Certificate of Occupancy. In case of
failure to comply with any term or provision of this agreement, the City
Council may by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the City, the City
Council may reduce the amount of the surety; however, the surety must be
kept in full force and effect for one year after initial occupancy to
ensure adequate installation and maintenance.
Change of Tenant
18. Prior to initial occupancy or any subsequent change of tenant occupancy,
the owner of the subject building, or the owners representative shall
apply for a Zoning Clearance from the Community Development Department.
The purpose of the zoning clearance shall be to determine if the proposed
uses(s) are compatible with the zoning and terms and conditions of the
permit.
Utilities Assessment District
19. The Applicant /Developer agrees not to protest the formation of an
underground utility assessment district.
Prohibition of Outside or Truck Storage
20. No outside storage of any materials is permitted. No overnight parking of
any semi- trucks or truck trailers beyond the loading zones shall be
permitted.
Repair or Maintenance of Trucks
21. No repair or maintenance of trucks or any other vehicles shall occur
outside of the industrial buildings.
DST: c: \1- M \sdi \cc- cond.ipd 4
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
Loading and Unloading Operations
22. Loading and unloading operations shall not be conducted between the hours
of 10:00 p.m. and 6:00 a.m. unless approved in writing by the Director of
Community Development.
Noxious Odors
23. No noxious odors shall be generated from any use on the subject site.
Uses and Activities to be Conducted Inside
24. All uses and activities shall be conducted inside the buildings.
Conditions, Covenants and Restrictions (CC &R's)
25. A condition of the Vesting Tentative Map No. 5004, associated with this
IPD Permit, requires that Covenants, Conditions and Restrictions (CC &R's)
and By -laws establishing an Owner's Association shall be prepared. The
CC &R's for the Owner's Association are required to identify all Common
Maintenance Areas within the boundaries of Vesting Map No. 5004, including
maintenance of private streets, street and parkway landscaping, all
manufactured slope areas adjacent to private streets and facing State
Route 23, any slope directly affecting drainage or street facilities, any
common - shared driveways, all storm drains, and any fencing or walls within
common areas. Prior to Final Map approval for any phase, the Subdivider is
required to: provide an irrevocable offer of an easement to the City for
the purpose of maintaining all landscaping and related drainage
improvements for all areas adjacent to private roadways and slopes facing
State Route 23 that are required to be landscaped; and offer to dedicate
access easements to the City of Moorpark over all private streets to
provide access for maintenance of landscaping and drainage improvements.
Should the Owner's Association fail to maintain the street and parkway
landscaping, including landscaping on all manufactured slope areas
adjacent to private streets and facing State Route 23, and any associated
drainage, in a satisfactory manner, these areas, or portion thereof, shall
be placed, at the City's option, in a City assessment district. The total
cost of formation of an assessment district or annexation to an existing
assessment district and the maintenance provided by the assessment
district for the areas described above, including the cost of converting
irrigation systems or other required work, shall be borne by the property
owners within the entire Vesting Map No. 5004 area, as determined by the
City. The Subdivider is also required to record a covenant to inform the
purchasers of all of the affected lots of this potential action.
CC &R's to Include Applicable Conditions of Approval
DST:c: \I- M \sdi \cc- cond.ipd 5
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
26. The CC &R's are also required to include all Vesting Tentative Map and IPD
Permit conditions of approval, that have been identified by the Director
of Community Development for inclusion.
Landscaping
Submittal of Landscape Plans:
27. Prior to rough grading permit approval, complete landscaping and
irrigation plans (2 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape Architect for the
Common Maintenance Areas and habitat replacement areas.
All landscaping and irrigation plans shall be generally in accordance with
the Ventura County Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval. The subdivider
shall bear the cost of the landscape plan review, installation of the
landscaping and irrigation system, and of final landscape inspection. All
tree replacement, Common Maintenance Area landscaping, and permanent
erosion control landscaping shall be installed and receive final
inspection prior to issuance of the first occupancy approval.
Planting and irrigation specifications shall be included for all
manufactured slopes over three (3) feet in height, all Common Maintenance
Areas proposed to be maintained by the Owner's Association (including but
not limited to design of the parkways, sidewalks, barrier walls, and other
streetscape elements), and the habitat restoration areas. The purpose of
the landscaping shall be to control erosion, prevent aesthetic impacts to
adjacent property owners, mitigate the visual impacts of all manufactured
slopes three (3) feet or more in height, and replace mature trees lost as
a result of construction. The Landscaping and Irrigation Plans shall
include landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. Conformance with Conceptual Landscape Plan: The final landscape
plans shall be in substantial conformance with the conceptual
landscape plan submitted with the application, with the exception of
modifications required to achieve consistency with mitigation
measures and the Hillside Grading Ordinance.
b. Irrigation: Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan. The
Applicant /Developer shall be responsible for maintaining the
irrigation system and all landscaping until such time as an Owner's
Association, assessment district, or similar entity approved by the
City, accepts the responsibility. The Applicant /Developer shall
replace any dead plants and make any necessary repairs to the
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irrigation system consistent with the landscape plan approved for
the development.
C. Tree Report: The information contained in the Final Vesting Map No.
5004 Tree Report, regarding which trees are to be saved or retained
on the site, shall be noted on the landscape plan.
d. Tree Replacement: The landscape plan shall specify how trees
removed during the rough and fine grading phases of the project will
be replaced in accordance with Municipal Code requirements.
e. Dominant Street Tree: A coordinated tree planting program shall be
developed which will provide a dominant street tree within the
components of the proposed development. This shall be coordinated
with the Oak Woodland Restoration Program and shall use trees
compatible with this restoration.
f. Tree Planting: A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed. Planting shall
be planned to achieve shade and screening in a three (3) to five (5)
year time period. The size of the trees to be planted shall be
subject to approval of the Director of Community Development.
g. Landscaping Near Intersections: Landscaping at site entrances and
exits and at any intersection within the development shall not block
or screen the view of a seated driver from another moving vehicle or
pedestrian.
h. Trees Prohibited Under Street Lights: Landscaping (trees) shall not
be placed directly under any overhead lighting which could cause a
loss of light at ground level.
i. Equipment Screening: Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and /or a wall.
j. Maintenance and Replacement: Until such time that an Owners'
Association is established, or one year after the first occupancy
approval if an Owners' Association has already been established,
the Applicant /Developer shall be responsible for maintenance of the
Common Maintenance Areas defined by the conditions of approval for
Vesting Tentative Map No. 5004. Prior to Owner's Association,
assessment district, or similar entity's acceptance of
responsibility for the landscaping, the Applicant /Developer shall
replace any dead plants and make any necessary repairs to the
irrigation system consistent with the approved landscape plan.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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k. Native and /or Drought Tolerant Plantings: The use of native and /or
drought- tolerant shrubs and trees shall be utilized for landscaping
purposes in order to stabilize graded slopes and encourage the
return of some wildlife species displaced from the project site as
a result of grading activities. Any turf plantings shall also be
drought tolerant, low water -using varieties. Parking lot trees and
landscaping should also emphasize native or similar trees and shrubs
to be compatible with slope planting and restoration areas.
1. Exotic Plants Prohibited: Exotic plants which are known to spread
beyond their original plantings and invade native habitats such as
Pampas Grass, Spanish Broom, and Tamarisk shall not be used.
M. Shade Coverage in Parking Areas: A 50 percent shade coverage shall
be provided within all open parking areas. Shade coverage is
described as the maximum mid -day shaded area defined by a selected
specimen tree at 50 percent maturity.
n. Raised Planters: Plantings in and adjacent to parking areas shall
be contained within raised planters surrounded by six -inch high
concrete curbs.
o. Screen Views of Parked Vehicles: Earthen berms and /or low walls
shall be provided to screen views of parked vehicles from access
roads.
P. Maintain View of Exterior Doors and Windows: Landscaping shall be
designed so as to not obstruct the view of any exterior door or
window from the street.
q. Oak Woodland Restoration: To the degree feasible and permitted by
geotechnical constraints, the northern perimeter of the project
adjacent to the Arroyo Simi shall be designed to provide a 50 -foot
setback from the escarpment above the Arroyo Simi. An oak woodland
restoration zone shall be provided on the edge and side slope of
this re- graded escarpment. The entire areas of visible surface of
the fill slopes proposed along the northern side of the development
shall be planted and screened with native woodland tree species
common in oak woodland habitats. The ridge system demarcating the
northern perimeter of the project shall, to the extent feasible, be
restored to native woodland conditions. Landscaping around the
escarpment system, once it is stabilized after rough grading, shall
emphasize reestablishment of existing native habitat. The
landscaping program around the escarpment boundary shall emphasize
the use of tiered, tree lined buttress fills, which shall be set
back in segments to prevent highly visible buttress or crib walls.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
r. Hillside Grading Ordinance Requirements: Landscape elements such as
clustering of trees and shrubs typical of concentration found in
nature, incorporation of rock elements into culverts and downdrains,
and berming and tree massing near the landform crest shall be used
to blend in with the natural landforms and to screen views of the
structures from lower lying areas, consistent with Hillside Grading
Ordinance requirements.
Lot 3 along the western perimeter of the project shall incorporate
the use of a berm and extensive tree and shrub native landscaping to
minimize the visibility of the manufacturing facilities.
S. Loading Area Screening: A dense landscaping screen or masonry wall
shall be constructed along the west side of the loading area to
screen views of this area.
t. Building Screening: Additional tree and shrub planting shall be
incorporated around the north and east sides of the main building.
Foundation groundcover, shrub and tree planting shall be provided so
that grass does not directly abut the building.
Landscaping and Signage at Entranceway
28.
The entranceway to the proposed project and driveways for Lots 1, 2, and
3 shall incorporate coordinated landscaping and signage. An orderly and
consistent street tree planting program shall be required from the New Los
Angeles Avenue underpass into the parking area for Lot 3 to guide visitors
to the building entrance. The project entry shall receive enhanced
Case Processing Costs
29. The Applicant /Developer shall pay all outstanding case processing
(planning and Engineering), environmental impact report preparation, and
City legal service fees prior to initiation of condition compliance
review.
Park Fee
30. The Applicant /Developer shall contribute to the City of Moorpark an amount
of $.25 per square foot of gross floor area to support the City's current
and future park system.
Citywide Traffic Mitigation Fee
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31. Prior to Zoning Clearance approval for a building permit, the
Applicant /Developer shall pay a Citywide Traffic Mitigation fee totaling
$65,600, calculated at $.50 per square foot of building area.
Air Ouality Mitigation Fee
32. The total air quality mitigation fee for the Phase 1 development totaling
131,200 square feet shall be $19,680 (based on $.15 per square foot of
building area), to be paid in three equal annual installments without
interest, commencing with the first payment prior to Zoning Clearance
approval for a building permit.
School Assessment Fee
33. Prior to building permit approval, the Applicant /Developer shall pay all
school assessment fees levied by the Moorpark Unified School District.
Callecuas Municipal water District Fee
34. Prior to issuance of a Zoning Clearance for a building permit, the
developer shall demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for payment of the
Construction Charge applicable to the proposed project have been made.
Applicant /Developer shall be required to comply with Ventura County
Waterworks Rules and Regulations, including payment of all applicable
fees.
Ordinance 102 Reguirement
35. Prior to issuance of a Zoning Clearance for a building permit, the
Applicant /Developer shall pay a fee established pursuant to Ordinance 102
in the amount of $.05 per square foot of building area to be used to
install, maintain, and replace landscape work on public property for the
purpose of mitigating the removal of the natural landscape from the
property of the new development.
Zoning Enforcement /Public Nuisance Abatement Costs
36. The continued maintenance of the project site and associated Common
Maintenance Areas for Tract 5004 shall be subject to periodic inspection
by the City. The Applicant /Developer or responsible Owner's Association,
or similar maintenance entity, shall be required to remedy any defects in
landscape maintenance and graffiti removal, as indicated in writing by
the City, within five (5) days after notification. The Director of
Community Development may declare a development project or individual
property that is not in compliance with the Conditions of Approval, or for
some other just cause, a "public nuisance ". The Applicant /Developer,
Owner's Association, or each individual property owner, as applicable,
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
shall be liable to the City for any and all costs and expenses to the City
involved in thereafter abating the nuisance and in obtaining compliance
with the Conditions of Approval or applicable codes. The City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed to pay all City costs related to abatement of the
nuisance (Municipal Code Section 1.12.080).
Condition Compliance and Environmental Quality Assurance Program Costs
37. Prior to rough grading permit approval, and approval of a Zoning Clearance
for a building permit, the Applicant /Developer shall submit a deposit for
condition compliance review and mitigation monitoring. The mitigation
monitoring program shall be enforced through implementation of an
Environmental Quality Assurance Program (EQAP) as recommended in the
approved mitigation monitoring program. The EQAP shall be implemented
through the City; at the City's option, contract specialists shall be
retained to monitor construction and mitigation compliance. The
Applicant /Developer shall pay to the City 100 percent of all City and
consultant costs for condition compliance review and mitigation
monitoring, including City overhead and administrative costs.
Sign Program
38. Prior to the issuance of a Zoning Clearance, a comprehensive sign program
for the entire project site shall be submitted along with the construction
plans for review and approval of the Department of Community Development.
The sign program shall be designed to provide for a uniform on -site sign
arrangement and design.
a. A sign permit is required for all on -site signs.
b. All proposed signs shall conform to the approved sign program, prior
to issuance of a sign permit by the Director of Community
Development or his designee.
C. No off -site signs are permitted.
Revision of Plot Plan
39. The plot plan shall not be revised to reflect any requirements for right -
of -way dedications, unless an appropriate modification is approved by the
City.
Utility Room
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40. A utility room with common access to house all meters and the roof access
ladder shall be provided. No exterior access ladder of any kind shall be
permitted.
Use _of Asbestos
41. No asbestos pipe or construction materials shall be used.
Utility Lines
42. All proposed utility lines within and immediately adjacent to the project
site (as determined by the Director of Community Development) shall be
placed underground to the nearest off -site utility pole. All existing
utilities shall also be undergrounded to the nearest off -site utility pole
with the exception of 66 KV or larger power lines. This requirement for
undergrounding includes all above - ground power poles on the project site.
The developer shall indicate in writing how this condition will be
satisfied. Any above grade utility fixtures shall be placed adjacent to
landscaped areas and screened on three sides.
Television Cable Service
43. Television cable service shall be provided, consistent with City cable
system requirements. Undergrounding of cable wires is required and no
lines shall be allowed to be extended along the exterior walls of
structures.
Roof Mounted Equipment
44. All roof mounted equipment (vents, stacks, blowers, air conditioning
equipment, etc.) shall not extend above the height of the parapet wall.
The parapet height shall be sufficient so as to fully screen any roof
equipment without any future need for additional screening, but at a
minimum, shall be at least 18 inches in height.
Plot Plan Requirements
45. The following shall be depicted on the final plot plans and shall be
subject to approval by the Director of Community Development prior to
Zoning Clearance approval for a building permit:
a. The transformer and cross connection water control devices shall be
shown on the plot plan and landscaping and irrigation plan and
screened from street view with masonry wall or landscaping.
b. All fences and walls shall be shown on the plot plan and landscaping
and irrigation plan.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
C. Bicycle racks or storage facilities and motorcycle parking shall be
provided on -site, consistent with Zoning Code requirements.
d. The required loading area (s) and turning radii shall be depicted on
the plot plan. A 45 -foot turning radius shall be provided for
loading zones consistent with the AASHO WE-50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the building
entrance, window and door treatment) shall be submitted with the
final construction plans.
Lighting Plan
46. For all exterior lighting, a lighting plan shall be prepared by an
electrical engineer registered in the State of California and submitted to
the Department of Community Development for review and approval. The
lighting plan shall achieve the following objectives: Avoid interferences
with reasonable use of adjoining properties; minimize on -site and off -site
glare; provide adequate on -site lighting; limit electroliers height to
avoid excessive illumination; provide structures which are compatible with
the total design of the proposed facility and minimize energy consumption.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle layout to
extend a minimum of twenty (20) feet outside the property lines.
Layout plan to be based on a ten (10) foot grid center. Down
lighting and accent landscape and building lighting shall be
employed throughout the project.
b. Maximum overall height of fixtures shall be twenty (20) feet, unless
otherwise approved by the Director of Community Development.
C. Fixtures must possess sharp cut -off qualities with a maximum of one
foot candle illumination at property lines.
d. Energy efficient lighting devices shall be provided.
e. A minimum of one, and a maximum of two foot candle illumination with
a 1.5 foot candle average, or as otherwise approved by the Director
of Community Development.
f, No light shall be emitted above the 90 degree or horizontal plane.
No direct light source shall be visible from the street.
g. Lighting devices in the parking lot shall be shielded and directed
downward to avoid light and glare on neighboring properties.
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August 21, 1996
h. Lighting devices shall be high enough as to prohibit anyone on the
ground from tampering with them unless tamper proof fixtures are
approved by the Director of Community Development. All exterior
lighting devices shall be protected by weather and breakage
resistant covers.
i. Lighting at all exterior doors shall be lighted with a minimum
maintained two foot candles at ground level.
j. A photometric plan shall be prepared which shall have, as a primary
design objective, creating a low intensity night lighting solution
to development of Lot 3. All lighting within 200 feet of the Arroyo
Simi shall be shielded and directed away from the Arroyo. Building
lighting restrictions shall be included in the project CC &R's and
Planned Development Permit conditions for all developable lots.
Location of Property Line Walls
47. All property line walls shall be no further than one inch from the
property line.
Fen-
48. No downspouts shall be permitted on the exterior of the building.
Exterior Ground Level Equipment
49. Any outdoor ground level equipment and storage (such as loading docks,
shelter docks, cooling towers, generators, etc.) shall be screened from
view by a masonry wall, the design of which shall be approved by the
Director of Community development or his designee. The wall shall be
constructed of materials and colors consistent with the main building.
Building Materials and Colors
50. All exterior building materials and paint colors shall be approved by the
Director of Community Development to ensure compatibility with adjacent
development and the Hillside Grading Ordinance.
Skylights
51. If skylights are proposed, the specific type and model must be approved by
the Director of Community Development to ensure that they shall be of an
opaque type to minimize evening illumination as viewed from the exterior.
Parking overhanc
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
52. Parking overhangs shall be limited to 24 inches maximum. No vehicles
shall be allowed to encroach onto or into the required landscape setback
along roadways.
Parking Size Reguirements
53. The site plan shall be revised to provide that all handicapped parking
spaces and other parking spaces adjacent to pedestrian walkways shall be
a minimum of 20 feet in length. Compact parking spaces shall not exceed
10 percent of the total parking spaces provided.
Parking Space and Loading zone Striping
54. The striping for parking spaces and loading bays shall be maintained so
that it remains clearly visible.
Parking Lot Surface
55. All parking areas shall be surfaced with asphalt or concrete and shall
include adequate provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to landscaped areas.
Driveway Modification
56. The width of the driveway shall be expanded to a minimum of 45 feet, and
two turn lanes in and out shall be provided.
Waste Management Education Program
57. The on -site building manager or designee will conduct a routine waste
management education program on --site to alert employees to any new
developments or requirements for solid waste management. This measure
shall be coordinated through the Ventura County Solid Waste Management
Department.
EmvlMent or Disposal of Hazardous Materials
58. Prior to any occupancy by any tenant or subsequent owner whose business
would employ or dispose of hazardous materials, a Major Modification
application shall be filed with the Department of Community Development
and approved by the City.
Solid Waste Facilities and Planning
59. Prior to approval of the issuance of a Zoning Clearance for a building
permit, a Solid and Hazardous Waste Management Plan shall be prepared and
submitted to the City Director of Community Development for review and
approval. This plan shall include specific measures to reduce the amount
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
of refuse generated by the proposed project and shall be developed in
consultation with the City of Moorpark Solid Waste Coordinator to meet
waste reduction requirements established by the California Integrated
Waste Management Act of 1989. The plan shall also include a designated
building manager, who is responsible for initiating on -site waste
materials recycling programs.
60. The Solid and Hazardous Waste Management Plan shall include provisions for
the recycling of manufacturing or commercial facility waste products
suitable for reuse programs. A green waste reduction program for
landscaping maintenance shall be included in this Plan. Provisions for
on -site source separation and recycling shall be incorporated into the
building plans for any buildings or facilities constructed on Lots 1, 2,
and 3.
61. The Solid Waste Mitigation Plan shall require the integration of waste
reduction and hazardous waste management concepts into the project CC &R's
for the lots included within the Vesting Map.
62. Where feasible, the use of recycled building materials shall be included
in the construction of both the manufacturing and commercial components of
the project. Language shall be included in the CC &Rls to encourage such
use.
63. Any on -site commercial cafeteria(s) shall include "built -in" recycling and
trash separation areas.
64. Designated recycling areas with appropriate bins shall be provided for on-
site source separation. Bins shall also be provided for greenwaste and
related recyclable material. Specific solid waste source separation areas
shall be provided for all lots.
Rubbish and Recycling Space Requirements
Requirement for Franchise Hauler Usage Form
65. All trash disposal areas shall be provided in a location which will not
interfere with circulation, parking or access to the building, and shall
be screened with a six foot high, solid wall enclosure with metal gates.
The final design of the trash enclosures shall be subject to approval of
the Director of Community Development prior to the issuance of a Zoning
Clearance. Pipe guards shall be eliminated around typical trash
enclosures. Trash areas and recycling bins shall be depicted on the final
construction plans, the size of which shall be approved by the Director of
Community Development and the City employee responsible for
recycling /solid waste management programs.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
Prior to issuance of a zoning Clearance, the Franchise Hauler Usage Form
must be submitted by the Applicant /Developer to the Community Development
Department. The Moorpark Municipal Code Section 8.36.080 requires that
only the City's franchised or permitted haulers provide residential,
commercial, and temporary drop box /bin solid waste collection services.
The Applicant /Developer must specify which franchised hauler is to be
contracted for ongoing or temporary solid waste collection services for
this project. The form is available at the Community Development
Department and the form contains a listing of the City's franchised
haulers.
Disposal Areas on Plot Plan
66. Rubbish and recycling disposal areas shall be depicted on the final
construction plans. The number and size of the bins required, and the
space allocation for areas of disposal with enclosures shall be approved
by the Director of Community Development and the City employee responsible
for recycling /solid waste management programs.
a. Rubbish disposal areas shall include adequate, accessible and
convenient areas for collecting and loading recyclable materials.
The dimensions of the recycling area shall accommodate containers
consistent with current methods of collection in the area in which
the project is located.
b. Adequate number of bins or containers shall be provided to allow for
the collection and loading a recyclable materials generated by the
development. For commercial (general, office, or retail) or
industrial developments, space allotment for 2 three cubic yard bins
(107" x 84 or 168" x 53.511), or a space allotment for one 40 cubic
yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The
intended use for this space is to hold two side -by -side 3 cubic yard
containers (one for refuse, one for recyclables), or one 40 cubic
yard bin for refuse and one 3 cubic yard for recyclables.
C. The design of the refuse disposal areas shall be compatible in
design with the development and the surrounding area.
d. Disposal areas shall be protected from weather conditions which
might render collected recyclable materials unmarketable.
e. Driveways or travel aisles shall provide unobstructed access for
collection vehicles and personnel, and provide the minimum vertical
clearance of 30 feet, or other specified clearance required by the
collection methods and vehicles utilized by the hauler.
f. A sign, approved by the Director of Community Development, clearly
identifying all recycling and solid waste collection and loading
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areas, and the materials accepted therein shall be posted adjacent
to all points of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area required by
the Municipal Code to be constructed or maintained as unencumbered,
according to fire and other applicable building and /or public safety
laws.
h. Recycling area (s) shall be located so they are convenient and
adjacent to regular refuse collection areas.
i. Enclosure. The design of the refuse enclosure shall be subject to
the approval of the Director of Community Development, prior to the
issuance of a zoning clearance. All rubbish disposal areas shall be
screened with a six foot high, solid wall enclosure with metal
gates.
i. In cases where space for 2 three cubic yard bins is required
(107" x 84 or 168" x 53.511), the opening of any bin enclosure
must be at least 84 inches (the size of a three cubic yard
bin). This requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each refuse \recycling enclosure shall have gates and shall be
designed with cane bolts to secure the gates when in the open
position.
iii. Space allocation for rubbish and recycling enclosures shall be
designed in a manner that complies with the equal access
requirements of Title 24 and the American with Disabilities
Act.
iv. The enclosure shall have a separate indirect access way for
pedestrians, which does not require doors or gates.
Unconditional Will -Serve Letter
67. Prior to the issuance of a Building Permit, an "Unconditional Will Serve
Letter" for water and sewer service will be obtained from the Ventura
County Waterworks District No. 1.
Water Service Connection
68. At the time water service connection is made for each project, cross
connection control devices shall be installed for the water system in
accordance with the requirements of the Ventura County Environmental
Health Department.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
Waterline Requirement
69. Applicant /Developer shall be required to installer waterline within
"A" Geux-c l3 �;to provide domestic water services €erg
R , 3 .
bi g and _'_ `e r_ _de fire protection for the development, Q �
APCD Review of Uses
70. Prior to occupancy, Ventura County APCD Air Pollution Control District
(APCD) shall review all uses to ensure compliance with the California
Health and Safety Code (Section 65850.5 et seq.) regarding the use,
storage and disposition of hazardous materials. Final Certificate of
occupancies shall be withheld until compliance with these provisions from
the Ventura County APCD is provided.
Building Security Specifications
71. Prior to issuance of a building permit, the Building and Safety Department
shall insure that the construction plans incorporate the requirements of
the Building Security Specifications of the Moorpark Police Department.
Enforcement of Vehicle Codes
72. Prior to Occupancy, the Applicant /Developer shall request the City to
enforce appropriate vehicle codes on subject property, including the
private access roads and parking lot, as permitted by Vehicle Code Section
21107.7.
Construction Noise
73. No exceptions shall be permitted to construction activity limitations in
City Noise ordinances in effect at the time individual lots of the Vesting
Tentative Map are developed.
74. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas shall be
set back as far as possible from or otherwise shielded from residential
neighborhoods situated north of the project site across the Arroyo Simi.
Impulse Noise Associated with Manufacturing Activities
75. All manufacturing processes and testing with sustained noise sources in
excess of 65 dBA shall be contained indoors within the plant facility. No
un- contained detonations shall be permitted. Compliance with this
requirement may be achieved by a variety of means including undergrounding
facilities for impulse tests, providing noise absorbing above ground
structures, or by other means devised by a certified acoustical
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August 21, 1996
consultant. No single event testing shall be exempt from this
requirement. The tolerated noise generation for the project at the
property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and
60 dBA from 10 p.m. to 7 a.m. or CNEL values shall not exceed 65 dBA,
whichever standard is more restrictive. if ambient noise levels exceed
these restrictions due to the proximity of State Route 23, the ambient
noise level shall be the standard that shall not be exceeded at the
property line of Lot 3.
76. The City shall require annual noise monitoring and reporting for any
sustained noise generating activity. The Industrial Planned Development
Permit for any project constructed on Lot 3 shall be subject to this
requirement. If Lots 1 or 2 are converted from anticipated commercial to
manufacturing uses, noise monitoring and reporting requirements shall also
apply to these lots. The City shall, in the conditions for the Industrial
Planned Development Permits associated with the project, reserve the right
to require additional noise mitigation if monitoring data indicates such
mitigation is advisable.
Biological Resource Preservation
77. Prior to initiation of rough grading or approval of the Final Vesting Map,
a proposed Habitat Restoration Plan shall be prepared by a qualified
landscape architect with the assistance of a native plant ecologist to
assure compensation for the loss of native habitats that will occur as a
result of project development; this plan shall be reviewed and approved
by the City Director of Community Development prior to issuance of
building permits. The habitat restoration plan shall emphasize the
selective use of native grasses, shrubs, trees, and plants in areas of
landscaping within the project boundary and in the Caltrans interchange
improvement area. The plan shall also require project perimeter planting
and landscaping of selected areas with the native plants common to the
native ecological communities on the site (e.g., Salvia apiana, Salvia
leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum
fasciculatum, Encelia californica, Calochortus catalinae, Calochortus
clavatus, Juncus textilis, Opuntia basilaris, Mucronea californica,
Anemopsis californica).
78. The Applicant /Developer shall fund a program to plant and /or restore
acreage equal to the amount of damaged or destroyed oak woodland. To
properly implement this program, an Oak Woodland Restoration and
Reforestation Plan shall be prepared by a qualified landscape architect
and arborist prior to initiation of rough grading. This plan shall be
reviewed and approved by the City Director of Community Development prior
to issuance of building permits. The precise number of trees, replanting
specifications, tree sizes and locations and related details shall be
enumerated in the plan once a final grading plan is prepared for the
project. The intent of this program is to provide 3:1 replacement of oak
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trees that are removed during grading and also replacement of lost
habitat. The Plan shall require the 100 foot fill slope along the
northern perimeter of Lot 3 to be fully restored with oak woodland. The
Applicant /Developer shall be responsible for maintaining the restored oak
woodlands (estimated to be a period of five years) until the native trees
and associated understory plants are successfully established and the
City's Director of Community Development has approved in writing that
maintenance can be discontinued without resulting in plant mortality.
79. Prior to initiation of rough grading or approval of the Final Map, the
site plan shall be revised, to the extent feasible, to provide for
preservation of riparian habitats situated on the north side of the
property bordering the Arroyo Simi and floodway easement area. In
addition, a riparian restoration and enhancement area shall be set aside
within the portion of Lot 4 that is situated inside the 100 year flood
limit line.
80. Native plants shall be used in the restoration of areas disturbed by the
construction of the project. The City and Ventura County Fire Protection
District shall monitor the use of native plants through review and
approval of all project landscape plans. Native plants acceptable to the
County Fire Protection District shall be used in fuel modification zones.
To facilitate recovery of native plants in non -fuel management areas,
topsoil shall be cleared, removed, stockpiled, and then, at the conclusion
of grading, redistributed on cut and fill slopes that are not proposed to
be planted with ornamental landscaping. Replaced topsoil shall be
stabilized to prevent erosion.
81. No Zoning Clearance shall be issued for construction on Lots 1, 2, and 3
of the Vesting Map, until Open Space Lots A, B, and C have been recorded
and any associated open space easements have been transferred, dedicated
or otherwise secured from developer. Verification of Open Space or
Conservation Easement dedications shall be provided with the application
for Zone Clearance. No recordation of any lots shall occur until the
completion of Caltrans right -of -way land exchanges have been documented
(if such exchanges are still a component of the Applicant /Developer's
program for land acquisition and transfer). Evidence of the successful
exchange of right -of -way shall be provided in the form of recorded
easement or ownership documents prior to the approval or recordation of
any Phase of the Vesting Tentative Map.
82. An updated tree report shall be prepared once the required final
geotechnical analysis of the project is complete and final site design and
grading evaluation has been completed. Any additional trees to be
impacted by the project, not included in the original assessment, shall be
incorporated into the tree report mitigation statistics (replacement
value, etc.). To the degree feasible, mature trees and native oak trees
located at the margins of grading activity, shall be preserved. As
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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required by City Municipal Code, the value of all mature trees and oak
trees to be removed as a result of project grading and construction shall
be applied to upgrading the size of tree plantings associated with the
project. The required Habitat Restoration Plan shall identify the
appraisal value of native oak trees and mature trees to be removed and the
upgrading of size of tree plantings proposed in compliance with City
Municipal Code requirements.
83. Prior to approval of the Final Map and /or issuance of a rough grading
permit, the two stands of Lyon's Pentachaeta, located on Lot A, shall be
precisely mapped and preserved. The Applicant /Developer shall fund all
City costs, including administrative and overhead, to monitor the mapped
sensitive habitat areas during construction.
84. Prior to issuance of a building permit for either commercial or
manufacturing facilities, the removal and modification of habitat within
and adjacent to the riparian corridor shall be compensated by the
restoration of Valley Oak Woodland and native riparian tree canopy within
the 100 year flood limit line of Lot 4 adjacent to the Arroyo Simi.
Mitigation shall require successful establishment of the following species
and plant quantities:
Species Ouantity
Populus fremontii (Cottonwood) 10
Alnus rhombifolia (Alder) 8
Acer negundo Subsp. (Box Elder) 8
Platanus racemosa (Sycamore) 20
Sambucus mexicana (Elderberry) 10
Juglans californicus (Walnut) 10
Quercus lobata (Valley Oak) 20
Quercus agrifolia (Live Oak) 20
Trees shall at a minimum be 5 gallon container specimens (except for
willows which can be 1 gallon in size) or bare root at the time of
planting with a height of 7 feet from the root crown to the top branch.
A long term supply of fresh (or reclaimed) water shall be provided to
assure the perpetuity of the plants. Adequate root guard protection shall
be provided to reduce mortality from rodent activity. Department of Fish
and Game 1603 Compliance procedures shall govern the implementation of
this restoration program and a permit shall be obtained from this agency
prior to initiating rough grading activities. Restoration areas shall be
incorporated into the project Habitat Management Plan.
85. SDI shall cooperate with any public agency sponsored habitat restoration
and /or enhancement program for the Arroyo Simi, including but not limited
to removal of the giant reed, Arundo donax, by allowing access to and
along the Arroyo Simi.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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86. Prior to the first occupancy approval, perimeter fencing shall be provided
in areas where employees or visitors could obtain access to surrounding
conservation easement lands and maintenance areas which can be used for
native plant restoration. No fencing that is likely to preclude the use of
this property as a wildlife corridor shall be placed around the perimeter
of the property, and all efforts to facilitate the use of this property as
a wildlife corridor shall be made by the Applicant /Developer under the
guidance of the City.
87. Off road vehicle (ORV) use on property within the project boundary shall
be prohibited. Prior to rough grading permit approval, signage shall be
placed on the property indicating that ORV use is prohibited.
88. Prior to rough grading permit or Final Map approval, the
Applicant /Developer shall pay a one -time fee of $35,000 for a sensitive
species mitigation program to be managed by the City. The purposes of
this program include (1) studying the location and distribution of
sensitive species, (2) restoring marginal habitats within proposed onsite
conservation easement areas or within permanent public open space or
right -of -way, (3) contributing to the purchase of endangered habitats on
private land within the City.
Cultural Resource Mitigation Planning
89. A Cultural Resource Monitoring Program shall be instituted during the
initial vegetation clearance for the project. The purpose of this
monitoring program is to determine if any significant deposits not
identified during the Phase I and IZ survey exist within the project
boundary. The monitoring shall be limited to the initial vegetation
clearance phase of the grading program. if cultural deposits meeting the
significance criteria defined in CEQA Guidelines are encountered, limited
data recovery shall be conducted. The costs of this data recovery shall
be limited as defined in Appendices to CEQA Guidelines. A Chumash
representative shall be actively involved in the monitoring and any
subsequent phases of the project mitigation program. Participation shall
include monitoring of archaeological investigations, construction
monitoring, and data analysis.
90. Prior to initiation of rough grading, the surface artifacts situated
within archaeology site Ven -898 shall be mapped, recorded, and collected
and this data, together with previously collected Phase II subsurface
testing information, shall be incorporated into a cultural resource
mitigation document for the project. This report shall also address the
results of any investigation related to monitoring of initial grading
activities.
Paleontological Data Recovery
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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91. A Paleontological Mitigation Plan outlining procedures for paleontological
data recovery shall be prepared and submitted to the Director of Community
Development for review and approval prior to the initiation of mass
grading. The development and implementation of this program shall include
consultations with the Applicant /Developer's engineering geologist. The
monitoring and data recovery shall be performed by a qualified
paleontologist. The data recovery shall include periodic inspections of
excavations and, if necessary, fossil data recovery shall be performed to
recover exposed fossil material. The costs of this data recovery shall be
limited to the recovery of a reasonable sample of available material. The
interpretation of reasonableness shall rest with the Director of Community
Development. The costs of this Paleontological Mitigation Plan shall not
exceed the financial limitations set forth in CEQA Appendix K Guidelines.
Fish and Game Requirement
92. The day following second reading of an ordinance amending the zoning for
the Project site, the applicant shall submit to the City of Moorpark a
check for $875.00, payable to the County of Ventura, to comply with
Assembly Bill 3158, for the management and protection of statewide fish
and wildlife trust resources. Pursuant to Public Resources Code section
21089 (b) and Fish and Game Code section 711.4 (c), the project is not
operative, vested, or final until the filing fees are paid.
Surety for Rough Grading
93. A rough grading permit shall not be approved until: 1) Final Map No. 5004
has been recorded; and 2) the City Engineer and the Director of Community
Development approve the acceptance of a Performance Bond to guarantee
implementation of the erosion control plan and completion of the rough
grading; construction of "A" Street and all related improvements including
landscaping; construction of water and sewer line extensions; construction
of all required drainage improvements; and implementation and maintenance
of habitat restoration (as required by the mitigation monitoring program) .
In the case of failure to comply with this condition, the City Council may
by resolution declare the surety forfeited. Upon completion of rough
grading and erosion control plan compliance to the satisfaction of the
City, and following recordation of all phases of the Final Vesting Map,
the City Council may reduce the amount of the bond; however, the bond must
be kept in full force and effect for a minimum of one year following rough
grading to ensure adequate erosion control and revegetation.
II. CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
General Requirements
94. The Applicant /Developer shall obtain City Council approval of a Final Map.
Issuance of permits may follow in accordance with these and subsequent
conditions of approval for any IPD or CPD.
95. The applicants for each lot shall be required to file a Notice of Intent
to meet State requirements regarding runoff associated with construction
activity ( NPDES Permit).
96. To comply with NPDES requirements, the Applicant /Developer for Lot 3 shall
prepare a Storm Water Pollution Prevention Plan (SWPPP) for the project;
this Plan shall be reviewed and approved by the City Engineer prior to the
issuance of permits for rough grading. This plan shall define how the
receiving water bodies (the Arroyo Simi) shall be protected from
degradation.
97. (As part of the NPDES Permit) The grading permits issued for the
development shall require maintenance schedules for earthmoving equipment
and documentation of proper disposal of used oil and other lubricants.
The Applicant /Developer shall obtain all necessary NPDES related permits
prior to City issuance of the initial grading permit for the project.
98. The Applicant /Developer shall indicate in writing to the City the
disposition of any wells that may exist within the project. If any wells
are proposed to be abandoned, or if they are abandoned and have not been
properly sealed, they must be destroyed or abandoned per Ventura County
Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable) shall conform
with Reuse Permit procedures administered by the County Water Resources
Development Department.
99. The Applicant /Developer shall comply with all pertinent County of Ventura
Public Works Department connection regulations. These measures shall be
implemented by the County of Ventura Public Works Department (Flood
Control and Waterworks District No. 1) . Private systems serving industrial
or commercial sites shall be reviewed by the City Building Department,
subject to County of Ventura Public Works and Uniform Building Code
Standards, as required and approved by the City Engineer.
Geotechnical /Geology
100. Prior to issuance of any grading permits, the Applicant /Developer or
subsequent developers shall contract with an engineering geologist and
geotechnical engineer to study potential liquefaction related effects for
Lots 1 through 3, Lots B and C, and the access road linking the northeast
portion of Lot 3 (flag area) with the southeast portion of Lot 3. No
structure shall be placed within 50 feet of any adopted setback for
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
minimizing the consequences of liquefaction related failure. No
development on the flag area portion of Lot 3 shall be permitted until
secondary access is provided over the Arroyo Simi (or by other routes to
the south) and the access road between the two potential development areas
of Lot 3 is designed and built to standards that will permit the road to
remain in place without significant failure in the event of an earthquake.
101. The Applicant /Developer shall develop a master agreement among all owners
of commercial and manufacturing developments within the tentative map
boundary which shall provide for a Slope Maintenance Program designed to
ensure that risks of slope failure are minimized. This Slope Maintenance
Program shall address recommendations contained in the project
geotechnical report. The Slope Maintenance Program document shall be
reviewed and approved by the City Geologist, City Engineer, and Director
of Community Development prior to issuance of permits for rough grading.
All geological recommendations shall be reviewed and approved by the City
Engineer and the City's consulting geologist and geotechnical engineer.
102. The applicant's engineering geologist and geotechnical engineering
consultant shall prepare a written review of detailed grading plans
(1" =40' scale). This written review is required to assure that all
geotechnical recommendations have been incorporated into project plans and
specifications. Supplemental recommendations shall be made on a lot by
lot basis as necessary and any additional testing shall be completed prior
to submission of grading plans. The grading plan review by the applicant's
consultant may also include a recommendation to conduct additional
subsurface investigation, if necessary. At the time of grading plan
submittal, the Applicant /Developer shall submit this written review to the
City Engineer and consulting City geologist and geotechnical engineer for
review and approval.
103. Prior to undertaking any bank stabilization or remedial work in the Arroyo
Simi, the Applicant /Developer shall obtain a Section 404 permit from the
Army Corps of Engineers.
PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
104. All habitable structures shall be designed according to the most recent
UBC requirements to accommodate structural impacts from ground
acceleration and maximum credible earthquake event.
105. The Applicant /Developer or subsequent developers shall contract with an
engineering geologist to study any unanticipated faults exposed during
grading to detect any evidence of possible recent activity. No structure
shall be placed within 50 feet of any fault trace which is classified as
active by definition of the State Geologist. Final grading requirements
shall be defined by an engineering geologist. All geological
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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recommendations shall be reviewed and approved by the City Engineer and
the City's consulting geologist and geotechnical engineer.
106. All habitable structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the project,
whichever standard is most restrictive.
107. An approved Bank Protection Plan shall be completed prior to issuance of
rough grading permits or any building permits for commercial or
manufacturing structures.
PRIOR TO ISSUANCZ OF A ZONING CLZARANCZ FOR OCCUPANCY FOR THE FIRST INDUSTRIAL
UNIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
Storm Water Runoff and Flood Control Planning
108. Construction of any required bank protection along the Arroyo Simi must be
completed before occupancy approval.
Street Improvement Requirements
Interior Streets:
Private:
109. The private street, extending from the SR -23 /Los Angeles Avenue
interchange to the Lot 3 driveway, shall be constructed and shall have a
minimum width of 63 feet and conform to cross section "A" as depicted on
Sheet 1 of the approved tentative map. The cross section shall also
provide for a five (5) foot sidewalk adjacent to and extending between
Lots 1 and 3, and a five (5) foot parkway along both sides of the street.
Between Lots 1 and 3, the parkway shall be located between the curb and
the sidewalk. The portion of the private street between the SR -23 /Los
Angeles Avenue interchange to the Lot 3 driveway shall provide two (2)
travel lanes in each direction. A turnaround built to City of Moorpark
and Fire Protection District approved standards shall also be provided at
the Lot 3 driveway.
110. The slope maintenance road abutting Lot 3 (extending east of the Lot 3
driveway access) shall be completed. The access road surface type shall
be reviewed and approved by the Fire Protection District and City
Engineer. In addition, the Applicant /Developer shall construct a Fire
Protection District approved gate to prohibit public access to this slope
maintenance road.
111. The secondary access driveway connecting the SR -23 freeway and serving Lot
3 shall be designed to all applicable City of Moorpark and Ventura County
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
Fire Protection District standards. All surface treatments and access
gate systems shall also be approved by the City and Fire Protection
District.
Other Street Improvements:
112. The SR -23 /New Los Angeles Avenue interchange and adjacent improvements
shall be constructed to the satisfaction of the City and Caltrans. The
existing interchange shall be improved to provide new traffic signals at
the terminus of the north and southbound SR -23 off ramps and an access
extension of New Los Angeles Avenue easterly into the SDI project.
widening of the existing road improvements within the interchange area
shall also be accomplished.
All transitions onto New Los Angeles Avenue and into the SDI property
shall be approved by the City Engineer. All plan check and inspection
costs incurred by the City for these interchange improvements and
transitions shall be paid by the developer.
113. The final design of all sidewalks, barrier walls, streetscape elements,
urban landscaping, and pedestrian paths within the project limits are
subject to the approval of the Director of Community Development.
114. In accordance with Business and Professions Code 8771 the street
improvement plans shall, provide for a surveyors statement on the plans,
certifying that all recorded monuments in the construction area have been
located and tied out or will be protected in place during construction.
115. Street signs consistent with County Road and Fire District Standards shall
be installed prior to occupancy.
DURING GRADING AND CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
116. Grading may occur during the rainy season from October 15 to April 15 if
approved by the City of Moorpark and subject to installation of debris and
erosion control facilities. Erosion control measures shall be in place
and functional between October 15th and April 15th. Along with the
erosion control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading.
117. That prior to any work being conducted within the State, County, or City
right of way, the subdivider shall obtain all necessary encroachment
permits from the appropriate Agencies.
118.
During clearing, grading, earth moving or excavation operations, dust
emissions shall be controlled by regular watering with reclaimed water,;',
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prevention measures. The Applicant /Developer shall submit a dust control
plan, acceptable to the city, concurrently with submittal of the rough (as
opposed to the fine) grading plan. This plan shall include, but is not be
limited to the following measures:
a. Water all site access roads and material excavated or graded on or
off site to prevent excessive amounts of dust. Watering shall occur
a minimum of at least two times daily, preferably in the late
morning and after the completion of work for the day. Additional
watering for dust control shall occur as directed by the City. The
Dust Control Plan shall indicate the number of water trucks which
will be available for dust control at each phase of grading.
b. Cease all clearing, grading, earth moving, or excavation operations
during periods of high winds (greater than 20 mph averaged over one
hour) or anytime wind speeds are such as to blow excessive dust
offsite. The contractor shall maintain contact with the Air
Pollution Control District (APCD) meterologist for current
information about average wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Face masks shall be used by all employees involved in grading or
excavation operations during dry periods to reduce inhalation of
dust which may contain the fungus which causes San Joaquin Valley
Fever.
g. The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized to prevent excessive dust generation.
h. Wash off heavy -duty construction vehicles before they leave the
site.
119. After clearing, grading, earth moving, or excavation operations, and
during construction activities, fugitive dust emissions shall be
controlled using the following procedures:
a. Apply non - hazardous chemical stabilizers to all inactive portions of
the construction site. When appropriate, seed exposed surfaces with
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a fast - growing, soil - binding plant to reduce wind erosion and its
contribution to local particulate levels.
b. All active portion of the construction site shall be sufficiently
watered or treated with environmentally -safe dust suppressants as
often as necessary to prevent excessive amounts of dust.
120. At all times, fugitive dust emissions shall be controlled using the
following procedures:
a. On -site vehicle speed shall be limited to 15 mph.
b. All areas experiencing vehicle traffic (e.g. parking areas, dirt
roads linking different construction areas, etc.) shall be watered
periodically.
C. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) Which may have
accumulated from construction activities.
121. Ozone precursor construction emissions shall be controlled using the
following measures:
a. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers specifications.
b. During smog season (May through October), the construction period
shall be lengthened to minimize the number of vehicles and equipment
operating at the same time.
C. Construction activities shall utilize new technologies to control
ozone precursor emissions as they become available and feasible.
122. All diesel engines used in construction equipments shall use reformulated
diesel fuel and high pressure injectors.
123. During smog season (May - October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The City, at its discretion, may also limit
construction during Stage II alerts.
124. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
125. Construction activities shall be limited to between the following hours:
a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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p.m. Saturday. Construction work on Saturdays will require payment of a
premium for City inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent property
owners. No construction work is to be done on Sundays, pursuant to
Section 15.26.010 of the Municipal Code.
126. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas and requiring that "Jake
Brakes" not be used along the haul route within the City. The hauling
plan must be identified as part of the grading plan and approved by the
City Engineer.
127. The Applicant /Developer shall ensure that construction equipment is fitted
with modern sound - reduction equipment.
128. Equipment not in use for more than ten minutes shall be turned off.
129. If any hazardous waste is encountered during the construction of this
project, all work shall be immediately stopped and the Ventura County
Environmental Health Department, the Fire Department, the Sheriff's
Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by
all of these agencies.
130. The subdivider shall utilize all prudent and reasonable measures
(including installation of a 6 -foot high chain link fence around the
construction sites or provision of a full time licensed security guard) to
prevent unauthorized persons from entering the work site at any time and
to protect the public from accidents and injury.
131. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas shall be
set back as far as possible from or otherwise shielded from residential
neighborhoods situated north of the project site across the Arroyo Simi.
132. Equipment engines shall be maintained in good condition and in proper tune
as set forth in manufacturers specifications.
133. During smog season (May through October), the construction period shall be
lengthened to minimize the number of vehicles and equipment operating at
the same time.
134. Construction activities shall utilize new technologies to control ozone
precursor emissions as they become available and feasible.
135. Improvements related to sediment management shall be made which will be
sufficient to reduce estimated sediment generation to pre - development
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levels. These improvements shall be made in conjunction with commencement
of rough grading operations for the proposed developable lots. All
improvements related to debris management shall be completed prior to the
first rainy season to occur after rough grading has commenced.
136. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected
areas whenever any alteration of the watercourse is made. If a FIRM map
revision is necessary, all materials required by FEMA for a map revision
shall be provided to the City Engineer's office. This material will
demonstrate the revised flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA for review
and updating of the National Flood Insurance Program maps. If updates to
the flood zone have been made a conditional letter of map revision shall
be provided to the City prior to issuance of a zone clearance for
occupancy of the first residential unit. The subdivider will be
responsible for all costs charged by the FEMA and the City's
administrative costs.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED
137. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
138. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
139. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements shall be provided.
140. All surety guaranteeing the public improvements shall remain in place for
one year following acceptance by the City. Any surety bonds that are in
effect three years after final map approval or issuance of the first
building permit shall be increased an amount equal to or greater than the
consumers price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like manner each
year thereafter.
141. Original "as built" plans will be certified by the applicant's civil
engineer and submitted with two sets of blue prints to the City Engineer's
office. Although grading plans may have been submitted for checking and
construction on sheets larger than 22" X 3611, they must be resubmitted as
"as builts" in a series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
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PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL
BE SATISFIED
142. Construction of the SR -23 /Los Angeles Avenue interchange shall be
completed to the satisfaction of the City Of Moorpark and Caltrans.
143. The Applicant /Developer shall have recorded Tract No. 5004 and shall have
complied with the conditions of approval for that Tract.
III. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
Project Description ouestionnaire
144. Prior to issuance of a Zoning Clearance for tenant occupancy (new or
changed uses), a detailed project description questionnaire shall be
submitted to the Ventura County Environmental Health Department for review
and approval.
Hazardous Waste Permit
145. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
proposed use shall be reviewed and approved by the Ventura County
Environmental Health Division to ensure that the proposal will comply with
all applicable State and local regulations related to storage, handling,
and disposal of potentially hazardous materials, and that any required
permits have been obtained. If required by the County Environmental
Health Division, the applicant shall prepare a hazardous waste
minimization plan.
Hazardous Materials Handling
146. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
storage, handling and disposal of potentially hazardous materials from
future tenants shall be in compliance with applicable State and local
regulations.
Hazardous Waste Minimization Plan
147. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
proposed use shall be approved and approved (in writing) by the Ventura
County Environmental Health Department to ensure that the proposal will
comply with all applicable State and local regulations related to storage,
handling, and disposal of hazardous materials, and that any required
permits have been obtained. If required by the Environmental Health
Department, the Applicant /Developer shall prepare a Hazardous Waste
Minimization Plan, and shall obtain a Hazardous Waste Generator Permit if
required. A copy of all Hazardous Waste Generator Permits shall be
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
forwarded to the City of Moorpark Department of Community Development by
certified mail to be placed in the project file.
IV. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS
CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION:
148. A licensed security guard is required during the construction phase,
unless a 6 -foot high chain link fence is erected around the construction
site.
149. Construction equipment, tools, etc., shall be properly secured during non-
working hours.
150. All appliances and office equipment shall be properly secured prior to
installation during non - working hours. All serial numbers shall be
recorded for identification purposes.
151. Contractors and sub - contractors shall contact the Moorpark Police
Department for "Tailgate" meetings regarding loss prevention on the work
site.
PRIOR TO ZONING CLEARANCE /BUILDING PERMIT:
152. Lighting plans showing the type and location of all lighting devices shall
be submitted to the Police Department for review and approval.
153. Parking lots shall have a minimum maintained one foot candle of lighting
at ground level. All lights shall be shielded to prevent light and glare
impacts to adjacent residents.
154. Lighting devices shall be protected against the elements and constructed
of vandal resistant materials.
155. Lighting devices shall be high enough so as to prevent anyone on the
ground from tampering with them.
156. Front door entrances shall be visible from the street or parking areas.
PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
Address
157. Addresses shall be clearly visible to approaching emergency vehicles and
mounted against a contrasting color. The numbers shall be a minimum of 6
inches in height and illuminated during the hours of darkness.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
158. Address numbers will be placed on all buildings, in an obvious sequenced
pattern, to be reviewed by the Police Department prior to designation.
159. Addresses shall also be displayed on the roof in florescent orange with
the numbers and street in letters a minimum of three feet in height. This
will assist the Ventura County Sheriff's Air Unit in identifying these
buildings from the air in the event of an emergency.
Security
160. The Applicant /Developer shall prepare and submit to the Community
Development Department Director for review and approval a security plan.
This plan shall be oriented to reducing potential service demands on
police. The plan shall be approved prior to the issuance of a Zoning
Clearance for the building permit.
161. An alarm system shall be installed and shall be wired to all exterior
doors and windows and to any roof vents or other roof openings where
access may be made, or other security measures shall be implemented as
approved by the Police Chief.
162. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler
operation with the locking bar or bolt extending into the receiving guide
a minimum of 1 -inch deadbolt.
163. There shall not be any easy exterior access to the roof area, i.e.
ladders, trees, high walls, etc.
164. Prior to issuance of building permits for either the manufacturing (Lot 3)
or commercial (Lots 1 and 2) components of the project, the Moorpark
Police Department shall review development plans for the incorporation of
defensible space concepts to reduce demands on police services. To the
degree feasible, public safety planning recommendations shall be
incorporated into project plans. The Applicant /Developer shall prepare a
list of project features and design components that demonstrate
responsiveness to defensible space design concepts. The City Director of
Community Development shall be responsible for review and approval of all
defensible space design features incorporated into both manufacturing and
commercial projects. This review shall occur prior to initiation of plan
check for either manufacturing or commercial buildings.
165. The Applicant /Developer (or future applicants) shall prepare and submit to
the City Director of Community Development for review and approval
Security Plans for Commercial Developments situated on Lots 1 or 2. These
plans will be reviewed and approved through the Commercial Planned
Development permit process. A security plan shall also be provided for
manufacturing facilities situated on Lot 3. SDI (or other manufacturing
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
facility developers) shall provide a private security program to assure
the safety of all explosive and /or hazardous materials used in present or
future manufacturing operations. These plans shall be prepared to assure
reduction of potential service demands on police or emergency service
providers. The plan shall be approved prior to the issuance of building
permits for construction on any developable lots.
V. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
Fire Hazard Reduction Program
166. Prior to approval of the Final Vesting Map or issuance of building permits
for any lot, the Applicant /Developer shall retain a certified fire
management professional and a landscape architect, with native plant
experience, to prepare a Fire Hazard Reduction Program; this program shall
be prepared in consultation with the Ventura County Fire Protection
District and shall be approved by the Director of Community Development.
The certified fire management professional shall be familiar with the
objectives of fuel management in wildland -urban interface. The program
shall apply to all lands within 200 feet of the developed portion of the
project (or as amended by the certified fire professional) . Fuel
modification zones are proposed to be retained in as natural a state as
safety and fire regulations will permit. The zone will be designed by and
planted under the supervision of a landscape architect with expertise in
native plant materials and habitat restoration, with the approval of the
Director of Community Development, to appear as a transition between the
built environment and natural open space.
167. Within the fuel modification zone, native and non - native high -fuel
vegetation will be removed and replaced with low -fuel vegetation. The
height of plant materials will be kept to a minimum. Planting
requirements shall include a combination of trees, shrubs, and
groundcover. Irrigation shall not be provided unless necessitated by the
plant materials selected.
168. The vegetation management requirements of the Fire Hazard Reduction
Program shall be clearly defined. The proposed Owners' Association and
property owners, as applicable, shall be responsible for implementing this
Program in perpetuity.
169. All structures adjacent to open space and structures with blow -out walls
shall be designed to satisfy fire retarding architectural and building
code requirements of the City and the County Fire Protection District.
Road and Driveway Requirements
170. A minimum street width of 36 feet shall be proved for access roads.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
171. A minimum street width of 30 feet shall be provided around all structures.
172. A minimum street width of 30 feet shall be provided where parking lot
access is used as second access.
173. Prior to construction, the Applicant /Developer shall submit two (2) site
plans to the Fire District for approval of the location of fire lanes.
The fire lanes shall be posted in accordance with California Vehicle Code,
Section 22500.1 and Article 10 of the Uniform Fire Code prior to
occupancy.
174. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 -ton Fire District vehicle shall be installed.
175. The access roadway(s) shall be extended to within 150 feet of all portions
of the exterior walls of the first story of any building.
176. Access roads shall not exceed 15 percent grade.
177. All driveways shall have a minimum vertical clearance of 13 feet 6'inches
(13' 6").
178. Two (2) means of ingress /egress shall be provided to the development in
accordance with Fire District Private Road Guidelines. Complete access
shall be submitted prior to approval of this project by the Fire District.
An acceptable primary and secondary access plan for the northeast portion
of Lot 3 shall be prepared and approved by the City Engineer, City
Geologist, and County Fire Protection District prior to approval of a
grading permit, IPD Permit, and building permit for that portion of Lot 3.
179. Prior to construction, the Applicant /Developer shall submit two street
improvement plans to the Fire District for review and approval of all
access gates and the roadway approach to all gates.
180. Any gates to control vehicle access are to be located so as to allow a
vehicle waiting for entrance to be completely off the public roadway. The
method of gate control shall be subject to review by the Fire Protection
District. A minimum clear open width of 15 feet in each direction shall
be provided. If gates are to be locked, a Knox system shall be installed.
Gate plan details shall be submitted to the Fire District for approval
prior to recordation.
181. Prior to recordation of the Final Map, proposed street names shall be
submitted to the Fire District's Communications Center for review and
comment.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
182. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
Fire Hy drant/Fire Flow Re uirem n s
183. Prior to recordation of the Final Map and the issuance of building
permits, the Applicant /Developer shall provide verification that the water
purveyor can provide the required volume /fire flow for the project.
184. Prior to construction, the Applicant /Developer shall submit plans to the
Fire District for approval of the location of hydrants. On plans, show
existing hydrants within 300 feet of the development.
185. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standard of the Moorpark
Waterworks Manual.
a. Each hydrant shall be a 6 -inch wet barrel design and shall have two
4 -inch and one 2 % -inch outlet(s).
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so located that
no structure will be farther than 150 feet from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24 inches on
center.
186. The minimum fire flow required shall be determined by the type of building
construction, proximity to other structures, fire walls, and fire
protection devices provided, as specified by the 1994 Uniform Fire Code
Appendix III -A and adopted Amendments. Given the present plans and
information, the required fire flow is approximately 3500 gallons per
minute at 20 psi. The Applicant /Developer shall verify that the water
purveyor can provide the required volume at the project. Prior to Zoning
Clearance approval for the building permit, fire suppression and fire flow
requirements for buildout of all developable lots shall be established by
the Ventura County Waterworks District No. 1 and the Ventura County Fire
Protection District. The Subdivider's Civil Engineer shall determine if
the projected fire flows are adequate, and this determination shall be
verified by the City Engineer and Fire Protection District staff.
Building and Construction Requirements
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
187. Address numbers, a minimum of 6 inches (611) high, shall be installed prior
to occupancy, shall be of contrasting color to the background, and shall
be readily visible at night. where structures are set back more than 250
feet (2501) from the street, larger numbers will be required so that they
are distinguishable from the street. In the event the structure(s) is not
visible from the street, the address number(s) shall be posted adjacent to
the driveway entrance.
188. A plan shall be submitted to the Fire District for review indicating the
method in which buildings are to be identified by address numbers.
189. All buildings shall be protected by an automatic sprinkler system, plans
shall be submitted, with payment for plan check, and approval to the Fire
District.
190. Any structure greater than 5,000 square feet in area and /or 5 miles from
a fire station shall be provided with an automatic fire sprinkler system
in accordance with Ventura County Ordinance #14.
191. All structures shall meet hazardous fire area building code requirements.
All structures adjacent to open space and structures with blow -out walls
shall be designed to satisfy fire retarding architectural and building
code requirements of the City and the County Fire Protection District.
Building plans of all A and H occupancies shall be submitted to the Fire
District for plan check.
192. Plans for any fire alarm system shall be submitted to the Fire District
for plan check and approval.
193. Fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet #10. The placement of extinguishers shall
be subject to review by the Fire District.
194. Plans for the installation of an automatic fire extinguishing system (such
as halon or dry chemical) shall be submitted to the Fire District for plan
check.
195. A certification shall be submitted to the Fire District by a qualified
specialist or engineer that the fire safety properties and the facilities
and appurtenances situated thereon meet the prescribed criteria of
recommended good practice.
196. All grass or brush exposing any structure(s) to fire hazards shall be
cleared for a distance of 200 feet from structures, as described in the
EIR.
197. Commercial trash dumpsters and containers with an individual capacity of
1.5 cubic yards or greater shall not be stored or placed within 5 feet of
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
openings, combustible walls, or combustible roof eave lines unless
protected by approved automatic fire sprinklers. (Uniform Fire Code,
Article 11.)
198. Applicant /Developer shall obtain VCFD Form #126 "Requirements For
Construction" prior to obtaining a building permit for any new structures
or additions to existing structures.
199. Applicant /Developer shall submit a phasing plan to the Fire Department for
review and approval prior to construction.
200. Prior to Zoning Clearance approval for a building permit, the
Applicant /Developer shall submit to the Fire District the following
information:
Actual building diagrams, including proposed and future structures,
completed infrastructure including verification of water and actual
street alignments, and the type, quantity, storage, and use practices of
the "volatile liquid storage" buildings.
201. During all grading and site clearance activities, earth moving equipment
shall be equipped with spark arrestors and at least two portable fire
extinguishers per vehicle. All equipment used in the vegetation clearance
phase shall be equipped with spark arrestors and best available fire
safety technology. The vegetation clearance activities shall be
coordinated with and approved by the County Fire Protection District.
Adequate on -site water supplies shall be provided during the grading and
construction period to assure that adequate fire suppression capability is
available.
202. All equipment and material staging activities shall be coordinated with
the County Fire Protection District. Notification of staging locations
and equipment storage areas shall be provided to the District and a
location acceptable to the District shall be designated. Fire prone
construction activities (initial vegetation clearance, hauling and
stockpiling of vegetation, or any construction activity involving
concentrated sources of heat) shall be prohibited during "Santa Ana" wind
conditions.
Risk Management, Emergency Response, and Hazards Materials Management Plans
203. For any lots developed with manufacturing uses, the Applicant /Developer
shall prepare a Risk Management Plan, Emergency Response Plan, and Hazards
Materials Management Plans acceptable to the City and the County Fire
Protection District. These plans shall be reviewed and approved by the
City Director of Community Development prior to issuance of an occupancy
approval.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
APPLICANT: SPECIAL DEVICES INCORPORATED
August 21, 1996
VI. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS
204. Prior to issuance of a Zoning Clearance for a building permit, the
applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" and any subsequent additions or
revisions thereto. Ultra low plumbing fixtures are required in all new
construction. Any requirements by the Fire Protection District, that are
greater than Waterworks District No. 1 existing facilities are the
responsibility of the Applicant /Developer.
205. The Applicant /Developer shall be responsible to construct and pay for the
required in -tract and off -site water, and sewer improvements necessary to
serve the property.
206. Applicant /Developer shall be required to pay all applicable water capital
improvement fees and sewer connection fees in accordance with the
District's Rules and Regulations.
207. Prior to Zoning Clearance approval for a building permit, the entire
property encompassed by Tract 5004 shall be annexed into the Waterworks
District No. 1 service area. The pressure zone to which the project will
be assigned shall be identified and the feasibility of providing the
required domestic, landscaping, and fire flow supplies to all four
proposed developable lots on the Vesting Map without on -site reservoir
storage shall be documented. The infrastructure plan for the project
shall be designed to address the details for the placement of all required
water and sewer conveyance facilities in appropriate alignments. No
alignments shall be approved by the City Engineer that pass through areas
with potential landslide or liquefaction hazards. The Applicant /Developer
shall obtain all necessary right -of -way and easements to install the
required infrastructure in said alignments. The City, at its discretion,
may assist with the acquisition of such easements.
208. Prior to Zoning Clearance approval for a building permit, the proposed
infrastructure plan for the project shall be designed to address
unresolved questions regarding the capacity of and need for on -site
storage, provision of adequate fire flows, the sizing of all required
mains and distribution lines, and related pump station planning. The
Applicant /Developer shall obtain all necessary right -of -way and easements
to install the required infrastructure. The final infrastructure plan
shall be approved by Waterworks District No. 1, by the City Engineer, and
by the Fire Protection District, prior to approval of the Vesting Map.
209. Prior to Zoning Clearance approval for a building permit, the proposed
wastewater treatment conveyance facility plans for the project shall be
designed to address unresolved questions regarding the capacity of
adjacent sewer mainlines, the ability of the project effluent to be
accommodated, and the sizing of all required mains and distribution lines,
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2
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August 21, 1996
and related pump station planning. The Applicant /Developer shall obtain
all necessary right -of -way and easements to install the required
infrastructure. The final wastewater treatment conveyance line plan shall
be approved by Waterworks District No. 1 and by the City Engineer prior to
approval of the Final Vesting Map.
VII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL
VESTING MAP
210. The approved Mitigation Monitoring Program to be included as Attachment _
to City Council Resolution No. 96- , and all applicable mitigation
measures are requirements of the Industrial Planned Development Permit No.
95 -2, as shown by italic type in the preceding conditions of approval. In
cases where a mitigation measure is a duplicate of a standard condition of
approval, italic type is not shown. In cases where a mitigation measure
has slightly different wording from a condition of approval, the language
in the condition of approval shall be controlling.
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